Jail-talk evidence upheld

A jail confession that helped convict a Christchurch recidivist criminal has been upheld by the Supreme Court.

Deryck Joseph Morgan allegedly admitted robbing a Christchurch stationery shop when talking to cellmate Mark Roskam after being remanded in custody to Christchurch Men's Prison in 2006.

At Morgan's second Christchurch District Court trial on the charge, Roskam told the court he no longer remembered the conversation and agreed with the suggestion he was being unco-operative because he feared for his safety.

Roskam was declared a hostile witness, which allowed the Crown to cross-examine him.

The trial judge then allowed the jury to consider Roskam's previous statement to the police about the admission as evidence its contents were true.

The Court of Appeal had rejected Morgan's appeal.

In a majority decision, the Supreme Court – Justices Blanchard, Tipping, McGrath and Wilson (Elias dissenting) – noted Roskam implicitly confirmed his previous statement when giving evidence.

Also, his reliability was enhanced by previous consistent evidence.

- © Fairfax NZ News