The contributory role of an autistic presentation to miscarriage of justice in a high-profile murder case in New Zealand

Abstract

In New Zealand in 1985, Mr Alan Hall was convicted of murdering Arthur Easton and spent more than 19 years in prison. He was finally acquitted by the Supreme Court in 2022. In 2019, Mr Hall was diagnosed with autism spectrum disorder (ASD). There are a number of aspects of Mr Hall’s investigative interviews conducted prior to his conviction in 1985–the questions posed to him and his responses to these–which could be interpreted as being evidence of evasiveness, remorse, lack of empathy and guilt by both the investigating interviewer and the jury and judge when the evidence from this interview was later presented in court. This article discusses how the police approach to interviewing and Alan Hall’s ASD were the catalysts for a tainted investigation, prosecution and conviction. The Crown now accepts that a substantial miscarriage of justice occurred in Mr Hall’s case.