Convictions referred to Court of Appeal after new expert medical evidence

Te Kāhui Tātari Ture | Criminal Cases Review Commission (Te Kāhui) has referred the applicant's 2021 convictions to the Court of Appeal after considering significant new expert medical evidence that was not before the jury or Court of Appeal.

The applicant, whose name is suppressed, was convicted of three offences relating to injuries sustained by a child.

Medical evidence was central to the prosecution case. Crown experts concluded the pattern of injuries was consistent with non-accidental injury. No comparable defence expert medical evidence was presented at trial.

The applicant appealed their convictions to the Court of Appeal in 2022. While the grounds raised with Te Kāhui were the same as those raised on appeal, the new expert evidence was not before the Court.

Te Kāhui has now considered reports from four overseas medical experts. The experts challenge aspects of the original medical conclusions, identify diagnostic investigations they say were not undertaken, and raise alternative possible explanations for some of the child’s injuries.

Acting Chief Commissioner Paula Rose says the new evidence raises important questions about medical evidence central to the original case.

“Medical evidence was central to this case. There is now significant expert evidence that was not available to the jury or the Court of Appeal and which challenges the medical evidence relied on at trial.”

“Having considered that evidence, Te Kāhui concluded it is in the interests of justice for the convictions to be considered again by the Court of Appeal.”

Rose says the referral does not determine guilt or innocence.

“A referral does not overturn a conviction, and it does not determine whether a miscarriage of justice occurred. Those matters are now for the Court of Appeal.”

This is the eighth referral Te Kāhui has made to an appeal court since it was established in 2020.