The application filed by Crown Law to admit hearsay for accused Christopher Denny, Charles Tuakana Katu and Tui Mantangaro Tupa, who are facing drug-related charges, has been adjourned due to the absence of defence lawyer Mark Short.

At the High Court yesterday, Justice Dame Judith Potter said the hearing was deferred from Monday, August 15, as the Crown has to amend the charge and have it clarified and corrected.

Norman George, the lawyer representing defendants Katu and Tupa, was also to file his submissions opposing the Crown’s application.

Justice Potter said George attempted to make contact with Denny’s defence lawyer Short but was unsuccessful as Short was still out of the country.

She said that on March 5, this year, Chief Justice Patrick Keane issued a minute in relation to the application stating that the defendants were to file and serve any opposing submissions by May 10, 2024.

Justice Potter said no opposing submissions were filed, but on August 15, George said that his clients would oppose the application and he had then filed his written submissions, and the Crown filed a brief response. 

However, George spoke to the defendant Denny and had sought an adjournment of the hearing of the application so that the defendant could get in touch with his lawyer Short who is understood to return next week. 

Crown Law’s Catherine Evans did not oppose this adjournment. 

Justice Potter said any submissions in opposition to the Crown’s application from Short were to be filed by Friday, August 30, and if not, the Court would then proceed on the basis that the Crown’s application was not opposed by Denny. 

She said that if Short was to make submissions, then the Crown must reply by September 13 and a hearing date was to be set by the Court Registrar via Zoom before a High Court judge.

Justice Potter advised Denny to get in touch with his lawyer when he returned because she had made directions that they must comply with.

Katu, Tupa and Denny all face drug-related charges which they have denied and are expected to have their defendant hearing in March 2025.