An Oamaru youth charged with the murder in April of another 16-year-old will appear again in the Oamaru Youth Court on Thursday, and is likely to be committed for trial in the High Court at Timaru.
The defendant will appear before Youth Court Judge Mary O'Dwyer for a committal hearing after a reserved decision yesterday declined an application by his counsel to have oral evidence heard.
In the written decision on the application, district court Judge Paul Kellar said formal written statements already before the court indicated there was sufficient evidence to commit the defendant for trial, either on a charge of murder or manslaughter.
The young male is charged with the murder of a 16-year-old male on the footpath in Exe St about 10am on April 1.
In the Oamaru Youth Court on July 22, the defendant's counsel Bernadette Farnan and John Westgate applied to Judge Kellar for an oral evidence order so three witnesses could be examined at the committal hearing.
At committal hearings, written evidence is handed to the judge, without witnesses appearing and being examined.
That follows legislative changes made by the Government in June last year to streamline criminal trial procedure, saving court time and reducing stress on victims.
Committal hearings determine whether there is sufficient evidence to commit a defendant for trial for an indictable offence.
An application to hear and examine oral evidence is rare.
In his decision on the application, Judge Kellar said the defendant's counsel submitted it was in the interests of justice to examine three witnesses.
The application sought to test critical witness identification and in turn assess whether a witness or witnesses would come up to brief.
However, Judge Kellar said that amounted to no more than a "fishing expedition".
"There is no evidential foundation suggesting the evidence of any of the witnesses is incapable of belief," he said.
Judge Kellar said allegations of unreliability or lack of credibility of witnesses were matters to be dealt with at trial.
In order to obtain an oral examination order, the defendant would need to demonstrate substantial doubt as to whether the evidence of a witness was capable of belief.
After reviewing witnesses' statements and considering submissions, Judge Kellar declined the application.
