Eric Barry Stewart v The Queen - SC 81/2008

Criminal Appeal – fraudulent use of medical certificates on ACC forms appeal against conviction – motive to lie – whether the prosecutor’ s comments to the jury about the applicant’s motive to lie amounted to a miscarriage of justice – whether the trial judge should be required to correct these comments in summing up – whether the Court of Appeal erred in finding that the prosecutor’s questioning of defence expert witness did not amount to a miscarriage of justice because the witness did not provide the applicant with a defence – whether this questioning was without foundation, an error of law and unfair [2008] NZCA 341 CA 231/07 2 September 2008