R v George Heleta R v Sailosi Osuji [2014] NSWDC 82

R v George Heleta R v Sailosi Osuji [2014] NSWDC 82

After reviewing the entire ERISP interview, the court found the evidence was of high probative value and given voluntarily without proven police impropriety. Any prejudicial material can be excised by redaction and the risk of unfair prejudice minimised by appropriate jury directions. There was insufficient basis under ss 137 or 138 of the Evidence Act 2005 to exclude the evidence in its entirety.

Parties
Crown: Director of Public Prosecutions; Accused: George Heleta; Accused: Sailosi Osuji
Jurisdiction
Australia
Judgment Date
27 June 2014
Procedural Posture
Criminal / Interlocutory Application on Admissibility of Evidence
Outcome
Application to rule ERISP interview of Octevian Camille inadmissible refused
Legal Topics
Admissibility of Evidence, Police Procedure, Discretion to Exclude Evidence, Improperly Obtained Evidence, Records of Interview, Voluntariness of Evidence
Criminal Law Evidence Admissibility of Evidence Police Procedure Discretion to Exclude Evidence Improperly Obtained Evidence Records of Interview Voluntariness of Evidence

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Parties

Director of Public Prosecutions

Crown

George Heleta

Accused

Sailosi Osuji

Accused

Procedural Posture

Criminal / Interlocutory Application on Admissibility of Evidence

Legal Issues

  1. 1 Whether the ERISP interview of Octevian Camille should be ruled inadmissible due to police impropriety or unfairness under s137 or s138 of the Evidence Act 2005
  2. 2 Whether the interview was conducted in a manner likely to cause unfair prejudice or was improperly obtained

Ratio Decidendi

After reviewing the entire ERISP interview, the court found the evidence was of high probative value and given voluntarily without proven police impropriety. Any prejudicial material can be excised by redaction and the risk of unfair prejudice minimised by appropriate jury directions. There was insufficient basis under ss 137 or 138 of the Evidence Act 2005 to exclude the evidence in its entirety.

Court Disposition

Application to rule ERISP interview of Octevian Camille inadmissible refused

Orders

  • Application for ERISP Interview of Octevian Camille to be ruled inadmissible is refused.
  • Preliminary rulings as to admissibility made in respect of the ERISP Interview of Mr Joe Abousleiman are now ruled finally admissible.