5 DECEMBER

NEW ZEALAND GAZETTE

4637

And whereas the convictions of Stephen Karl Collie with regard to the complainant followed evidence given at trial that Stephen Karl Collie attacked the complainant some time between the 15th day of December 1990 and the 15th day of January 1991 and that he inflicted on her a cut on the side of her forehead and a wound to her vagina and that the complainant was treated in hospital for these injuries:

And whereas the application by Stephen Karl Collie for the exercise of the mercy of the Crown is made on the grounds that:

(a) There never was an attack on the complainant as alleged; or

(b) If there was such an attack, the perpetrator of the offence or offences was not Stephen Karl Collie:

And whereas the application by Stephen Karl Collie for the exercise of the mercy of the Crown makes, in support of these grounds, the submissions (among others) that:

(a) There is evidence to prove that the offences could not have occurred when alleged in the indictment, raising major doubts as to the credibility of the complainant;

and

(b) There is evidence to prove the unlikelihood of the complainant having been knifed in the vagina and further the unlikelihood of her having received treatment at Auckland Hospital or any other medical care centre:

And whereas Stephen Karl Collie has tendered, in support of his application for the exercise of the mercy of the Crown, the following documents:

(a) A letter, dated the 2nd day of July 1996, from Auckland Healthcare Services Limited advising (among other things) that the patient records of the Auckland Hospital A & E Department for the relevant period had been searched and that there was no record of a person with the complainant’s name, or any of the names sometimes used by her, having been treated during the relevant period and that there was no record of any other person having been treated for knife injuries to the vagina during the relevant period; and

(b) A copy of the evidence given by the complainant on the 28th day of May 1996 in the District Court at Auckland at the preliminary hearing of a charge of conspiracy to defeat the course of justice then pending against various persons, in which the complainant testifies (among other things) that she did not receive hospital treatment in respect of the attack by Stephen Karl Collie:

And whereas Stephen Karl Collie has also tendered, in support of his application for the exercise of the mercy of the Crown, the following documents (among others):

(c) A report, dated the 22nd day of November 1995, by Andrew Mackintosh of Auckland, medical practitioner; and

(d) An affidavit, dated the 17th day of November 1995, by Colin David Mantell of Auckland, medical practitioner; and

(e) An affidavit, dated the 16th day of November 1995, by Deborah Lucille Whitley of Auckland, solo parent;

and

(f) An affidavit, dated the 16th day of November 1995, by Margaret Rose Ransfield of Rotorua, beneficiary:

And whereas it appears from the documents referred to in paragraphs (a) to (f) that evidence is available that could lead the Court of Appeal to the conclusion that, with respect to the charges alleging offences against the complainant, the trial of Stephen Karl Collie was unsatisfactory and that a miscarriage of justice might have occurred:

Now therefore, pursuant to section 406 (a) of the Crimes Act 1961, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby refers to the Court of Appeal for hearing and determination the question of the conviction of Stephen Karl Collie for the offences of wounding the complainant with intent to cause grievous bodily harm, threatening to kill the complainant, and assaulting the complainant with intent to commit sexual violation.

MARIE SHROFF, Clerk of the Executive Council.

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District Courts Act 1947

Extension of District Court Judge’s Jurisdiction

Pursuant to section 28B of the District Courts Act 1947, His Excellency the Governor-General has been pleased to appoint

Allan Neil MacLean, District Court Judge

to exercise the criminal jurisdiction of the District Courts under Part IIA.

Dated this 25th day of November 1996.

D. A. M. GRAHAM, Minister of Justice.

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New Zealand Patent Office

Patents Act 1953

Notice of Publication of Report of the Commissioner of Patents, Trade Marks and Designs to the Minister of Commerce for the Period 1 July 1995 to 30 June 1996

The Commissioner of Patents, pursuant to section 116 of the Patents Act 1953, the New Zealand Patent Office gives notice he has published his annual report for the year ended 30 June 1996, containing the management statements for the period, with respect to the operation of said Act.

Dated this 26th day of November 1996.

K. B. POPPLEWELL, Commissioner of Patents, Trade Marks and Designs.

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