Prosecutor in Scott Guy, Lundy cases under investigation

A top Crown lawyer involved in high-profile murder cases including Scott Guy and the Lundy killings is under investigation, the Solicitor-General has announced.

Palmerston North prosecutor Ben Vanderkolk was recently ordered to pay costs for a court case after failing to disclose information in a murder inquiry, in which the murder charges were ultimately dismissed.

High Court Justice Rebecca Ellis had ordered costs against the Crown due to Vanderkolk failing to meet his disclosure obligations, Solicitor-General Una Jagose KC said in a statement.

"Mr Vanderkolk has been cooperating with Crown Law from the outset and confirmed that a review as a result of the judgment is appropriate and expected," the statement said.

Jagose said she has now instructed a former Court of Appeal judge, Tony Randerson CNZM KC, to conduct an independent assessment into the facts concerning the non-disclosure issues.

"Mr Randerson has worked with us to agree a process and will interview any person he considers necessary," Jagose said.

"He will provide me and the Deputy Solicitor-General Criminal, Madeleine Laracy, with a confidential report as to the facts, and as to the current criminal disclosure arrangements in the Crown Solicitor’s office."

The report would inform Jagose’s own review as to whether the Crown Solicitor had performed to the level expected. She would issue a public statement when she completed her review.

"The Crown Law Office does not intend to release any information about the assessment and review process prior to the review being completed. Confidentiality is essential as a matter of fairness and to ensure the full and willing cooperation of people to be interviewed. We anticipate that the report will be completed in the first half of 2024."

Due to the "understandable public interest", it was agreed the Terms of Reference should be published.

The statement said reviews were a part of the "normal and regular oversight" of Crown solicitors, either in response to a particular matter or as part of a routine review cycle.

"They are performance processes that require confidentiality in order to obtain free and frank feedback and maintain trust in the process."

In a statement to NZME, Vanderkolk said he, his family and colleagues welcomed the appointment of Randerson to conduct the review.

"He is assured of our full cooperation and candour about the assessment sought from him by the Terms of Reference," he said.

Vanderkolk is the Crown Solicitor of Palmerston North and has taken the lead role in high-profile murder trials such as Mark Lundy’s killing of his wife and daughter, and the murder of Scott Guy.