A prominent Catholic order failed to disclose the sexual misconduct of a key witness during a Supreme Court trial, which has prompted an appeal and is likely to result in a retrial.
Missionaries of the Sacred Heart also failed to provide the court with crucial documents that contained evidence of alleged sexual misconduct concerning former Monivae College teacher Brother John Frith.
Comments made by Court of Appeal Justice David Beach indicated a fresh civil trial was likely because of the serious disclosure breaches, which the appeals court bench ruled had likely skewed the outcome of the original hearing.
“Three other judges of this court could spend two days doing this, or the parties could come to the conclusion that it’s blindingly obvious – their words, not mine – that whatever happens, there has to at least be a retrial,” said Beach at a hearing on November 14.
Lawyer Michael Magazanik…
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