DAVID UNWIN/Stuff
Palmerston North Crown Solicitor Ben Vanderkolk.
A high-profile Crown prosecutor’s actions will be independently reviewed after the Solicitor General has ordered an independent review.
In November, High Court judge Rebecca Ellis ordered Vanderkolk pay $20,000 in costs for a series of failures where evidence wasn’t disclosed during a murder inquiry.
Solicitor General Una Jagose KC has now instructed former judge of the Court of Appeal Tony Randerson CNZM KC to conduct an independent assessment into the facts concerning issues of non-disclosure by Vanderkolk.
Vanderkolk is best known for his successful prosecutions of Mark Lundy, and was the Crown prosecutor in the trial of Ewen Macdonald, who was acquitted of murdering his brother-in-law Scott Guy.
However, it was his actions during a murder inquiry where he attempted to conceal his presence at a meeting with a jailhouse informant that has come under scrutiny.
In November, High Court judge Rebecca Ellis ordered Vanderkolk pay $20,000 in costs for a series of failures where evidence wasn’t disclosed during the murder inquiry, The Post reported.
Justice Ellis described Vanderkolk’s actions as “wrong, and a bad failure of judgment”. She went on to say it had was ““significant in its potential impact on the public faith in the administration of justice”.
In a statement on behalf of Jagose, she said Vanderkolk has been cooperating with Crown Law from the outset.
“At the end of November, I instructed the Hon Tony Randerson CNZM KC, a former Judge of the Court of Appeal, to conduct an independent assessment into the facts concerning non-disclosure issues raised by Ellis J’s judgment leading to the costs award.
“Mr Randerson has worked with us to agree a process and will interview any person he considers necessary. He will provide me and the Deputy Solicitor-General Criminal, Madeleine Laracy, with a confidential report as to the facts, and as to the current criminal disclosure arrangements in the Crown Solicitor’s office.”
Jagose said the report will inform her own review as to whether Vanderkolk has performed to the level expected by the Terms of Office for Crown Solicitors.
The Solicitor General anticipated the report will be completed in the first half of 2024.
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