Trial shifts 'more common'

Having the third high-profile Dunedin trial in recent months transferred to Christchurch could be a coincidence rather than the start of a trend, a University of Otago professor of criminal law says.

The High Court criminal trials of David Bain, who was acquitted in June of killing his family in Dunedin in 1994, and Clayton Weatherston, who was found guilty in July of murdering Sophie Elliott at her home in January last year, were transferred to the High Court at Christchurch.

Now, the criminal trial of Michael Swann for allegedly accepting a corrupt payment has been transferred to Christchurch.

Prof Kevin Dawkins said the three cases could be seen as setting a precedent for the transfer of high-profile trials which attracted a lot of attention in the comm- unity.

Where there was a high-profile case it appeared lawyers now considered the safer option was to move it out of the city.

However, the practice defeated the ages-old theory of being tried in the community in which the crime was committed.

"The law allows it [venue change].

"It is just becoming more common."

Changes of venue happened not infrequently in North Island towns, where cases were moved to bigger towns where there was a bigger jury pool from which to choose.

While there could be a new trend to transfer high-profile trials from Dunedin, it had also been "one of those periods" where three cases had coincidentally cropped up relatively close together, which had either polarised people or attracted widespread community condemnation and media interest.

It was probably too soon to say if a trend was developing, Prof Dawkins said.

 

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