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Chapter 1: What is the main topic discussed in this episode?
Hi everyone. So recently we had the decision released by the Supreme Court in relation to David Tamahede's conviction for the murders of Heidi Parkinen and Urban Hoglin back in 1989.
Chapter 2: What recent Supreme Court decision affects David Tamahiri's convictions?
Now, I shared this decision via a couple episodes where I read it verbatim. And importantly, there was one line in there which some of you who may have been more eagle-eyed, I guess we could say, or eagle-eared, would have heard that the last line referenced, and let me find it right here, the last line said,
We note that Mr. Tamahiri can apply for takedown orders in relation to publicity about the 2024 judgment of the Court of Appeal and any other material that might affect his fair trial rights. Now, when I read that, my first thought was, this is going to apply to me and that I'm probably going to get a takedown order for the podcast. Now, that didn't come immediately.
and I actually thought maybe it wasn't going to happen. But over the weekend, I received an email from James Carruthers, a barrister who is part of the team that is leading David Tamahede's defense, along with Murray Gibson, and saying that in the opening lines, we act for Mr. Tamahede, whose convictions for murder were recently quashed by the Supreme Court.
The court ordered a retrial and set a nominal call-over date for mid-May 2026. So nominal call-over date for mid-May 2026 is the idea that we're going to find something out by mid-May 2026 as to sort of whether this could go ahead for a retrial.
further it says we write to request that references to mr tamahiti's previous convictions published since the supreme court issued its decision to be taken down until the conclusion of a retrial or a decision of the crown not to proceed in the event the crown elects to proceed with a retrial we wish to ensure its fairness is not compromised by the public availability of highly prejudicial information about previous convictions which were not part of the evidence at the previous trial
and are not due to be part of the evidence at any retrial. It goes on to say the law prohibits any publication of a defendant's previous convictions once proceedings for a serious offense have commenced.
And so this is one of the sort of founding sort of tenants of the legal system really is that, you know, in theory, a jury shouldn't have any knowledge of any previous convictions when, you know, when they're presiding over a, over a case, you know, because that could lead to a prejudicial decision.
So ultimately, what this means is I've been asked to remove a number of episodes and passages from season three of the podcast. So, as of probably tomorrow, there are going to be a number of episodes that are going to be what we call geo-locked for New Zealand listeners. So, if you're a New Zealander and you want to listen to Season 3 of the podcast...
there will be a number of episodes that will not be available to you. I believe in total there are about 9 or 10 episodes. So these are all just episodes that have any reference to David Tamahede's previous convictions. Obviously this is not ideal. The podcast is designed to be listened to in its entirety.
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