See also People v. Dist. HPD Form 458 was prepared by the complaining witness after the incident. The State clearly should have made it available within a reasonable time after the indictment,3 not in the middle of a jury trial nearly two years after it was completed. Failure to disclose the document properly resulted in an unnecessary interruption of the trial affecting the jury, the court, Defendant, the witnesses, and other pending criminal cases. The obligation to seek justice is paramount and the prosecution's duty under HRPP Rule 16 must be diligently observed.
Discovery is at the foundation of the fact finding and truth seeking process.
The growth of such discovery devices is a salutary development which, by increasing the evidence available to both parties, enhances the fairness of the adversary system. A willful act may be described as one done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly, or inadvertently. Clearly, intentional, knowing or purposeful violations of a court rule or order should not be countenanced. Thus, there is little benefit to a rule which permits the discretionary and random imposition of sanctions for such conduct, as opposed to the advantages of mandatory imposition of sanctions. Certainly, negligent non-compliance has equally deleterious effects on discovery objectives.