A judge has thrown out an application by the former directors of failed finance company Capital + Merchant to have criminal charges against them annulled.Owen Tallentire, Neal Nicholls, Colin Ryan, Robert Sutherland and Wayne Douglas sought to have the ch
A judge has thrown out an application by the former directors of failed finance company Capital + Merchant to have criminal charges against them annulled.
Owen Tallentire, Neal Nicholls, Colin Ryan, Robert Sutherland and Wayne Douglas sought to have the charges struck out because a summary of facts was not filed within the standard 21 day period under the Criminal Disclosure Act, the New Zealand Herald website reported today.
However Judge Phil Gittos said this alone was not enough to have the case annulled.
"Where a fair trial is still possible and can take place without undue delay, the remedy of stay or dismissal should not ordinarily be granted," he said.
Capital + Merchant collapsed in November 2007, owing 7500 investors about $167m.
