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The case against the latest man charged in the murder of the Horowhenua gang member, Palmiro MacDonald, has collapsed, apparently due to the involvement of an informant.
Joseph William Johnson was set to face trial in Wellington Superior Court, but instead of choosing the jury on Wednesday, the charge against him was dismissed.
The result has the effect of absolving Johnson.
Judge Rebecca Ellis said the Crown accepted that there was an impediment to a fair trial that could not be remedied.
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* Charge dismissed against man accused of being an accessory to murder
* Charge of murdering Palmiro MacDonald in 2016 dismissed in Wellington Superior Court
* Jury was unable to reach verdicts in Palmiro MacDonald’s murder trial
* Accused of murder joined a gang to pay off his father – mother’s drug debts
Johnson, 31, was charged with murdering Palmiro MacDonald, a member of the Nomads gang, in March 2016.
Another man, Charles Brattle-Hemara Haeana, who goes by the name Hemara, has already been charged with manslaughter and being an accessory after the fact dismissed.
The two men were tried in Palmerston North Superior Court in 2019, but a jury could not agree on the verdicts after an eight-week trial.
Since then, legal discussion has continued on the evidence, including a case that reached the Court of Appeal.
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Joseph William Johnson is believed to have been acquitted of murder after the charges against him were dismissed.
In court Wednesday, prosecutor Ben Vanderkolk said the decision to drop the case was made in consultation with Attorney General Una Jagose, QC.
The judge said that after reading defense attorney Debbie Goodlet’s presentation and the Crown’s response, he understood why the request was filed.
The judge also had to be satisfied and she said yes.
Vanderkolk said the Crown had considered the public interest and would not compromise what it said was the “privilege of section 64”.
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Palmiro Macdonald disappeared in March 2016.
Section 64 of the Evidence Act 2006 covers the right of an “informant” not to be identified in the information disclosed.
An informant is defined as someone who, free of charge or as a reward, provides information to a law enforcement agency about a crime, in circumstances where there is a reasonable expectation that their identity will not be revealed.
An informant could also include a police officer acting undercover, under the Evidence Act.
That privilege should not outweigh the interests of the defendant in a fair trial, Vanderkolk said.
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Prosecutor Ben Vanderkolk said the Crown accepted that there was an impediment to Johnson getting a fair trial.
“The Crown cannot be sure, and the court cannot be sure in my opinion, that Mr. Johnson will receive a fair trial.”
MacDonald’s family was not in court for the end of the case on Wednesday.
Despite the result, Johnson did not leave the court. He is detained on other matters.
In the previous trial, the Crown alleged that MacDonald spent the time leading up to his death “taxing” people’s property and using methamphetamine.
It was alleged that MacDonald was taken to a property in Hokio Beach, the former home of the infamous founder and president Dennis “Mossie” Hines of Nomads, which had been occupied by Hemara.
MacDonald was then beaten and shot multiple times, before being dumped in rural Shannon.
MacDonald’s remains were found near the Mangahao Dam near Shannon seven months after he disappeared.
