Police are appealing a decision to throw out charges against 21 motorcycle club
members after a fake prosecution of an undercover officer was
launched.
Police will head to the Court of Appeal over a judge's decision throwing out charges against 21 people after police launched a fake prosecution of an undercover officer.
Police are appealing Justice Simon France's decision which threw out charges against the members of the Red Devils Motorcycle Club because of the fake prosecution, launched so police could give the officer more credibility in the club.
Crown Law spokeswoman Jan Fulstow said the Crown and defence lawyers met before Justice France at the High Court in Nelson on Monday to thrash out exactly what legal question should be put before the Court of Appeal.
Justice France subsequently referred the matter to the Court of Appeal with the question, "was I wrong to stay all prosecutions of 21 accused in relation to charges fairly said to flow from the Operation Explorer investigation"? Ms Fulstow said.
In his original decision, Justice France threw out the charges after police used a fake warrant to search the undercover officer's lock-up and then laid false charges against him in an attempt to give him more credibility.
Police said they would review undercover operations after the decision.
No date has been set for an appeal.
http://home.nzcity.co.nz/news/article.aspx?id=158540&fm=newsmain%2Cnrhl
Police will head to the Court of Appeal over a judge's decision throwing out charges against 21 people after police launched a fake prosecution of an undercover officer.
Police are appealing Justice Simon France's decision which threw out charges against the members of the Red Devils Motorcycle Club because of the fake prosecution, launched so police could give the officer more credibility in the club.
Crown Law spokeswoman Jan Fulstow said the Crown and defence lawyers met before Justice France at the High Court in Nelson on Monday to thrash out exactly what legal question should be put before the Court of Appeal.
Justice France subsequently referred the matter to the Court of Appeal with the question, "was I wrong to stay all prosecutions of 21 accused in relation to charges fairly said to flow from the Operation Explorer investigation"? Ms Fulstow said.
In his original decision, Justice France threw out the charges after police used a fake warrant to search the undercover officer's lock-up and then laid false charges against him in an attempt to give him more credibility.
Police said they would review undercover operations after the decision.
No date has been set for an appeal.
http://home.nzcity.co.nz/news/article.aspx?id=158540&fm=newsmain%2Cnrhl
