R v Xie (No. 12) [2014] NSWSC 1980

R v Xie (No. 12) [2014] NSWSC 1980

It is appropriate and within the court's power under s.26 of the Evidence Act 1995 to make orders that the evidence of Ms AB at the Basha inquiry be given via closed-circuit television and in closed court, to facilitate the giving of her evidence and manage sensitive issues, especially given unopposed application and pretrial context.

Jurisdiction
Australia
Judgment Date
21 July 2014
Procedural Posture
Criminal / Pretrial Proceeding (basha Inquiry)
Outcome
Application allowed
Legal Topics
['basha Inquiry' 'witness Evidence Procedure' 'closed Court' 'closed Circuit Television' 'section 26 Evidence Act 1995']
['criminal Law'] ['basha Inquiry' 'witness Evidence Procedure' 'closed Court' 'closed Circuit Television' 'section 26 Evidence Act 1995']

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Procedural Posture

Criminal / Pretrial Proceeding (basha Inquiry)

Legal Issues

  1. 1 ['Whether the evidence of Ms AB at the Basha inquiry should be given via closed circuit television and in closed court' 'Whether Ms AB should be permitted to give evidence for not more than three hours per day']

Ratio Decidendi

It is appropriate and within the court's power under s.26 of the Evidence Act 1995 to make orders that the evidence of Ms AB at the Basha inquiry be given via closed-circuit television and in closed court, to facilitate the giving of her evidence and manage sensitive issues, especially given unopposed application and pretrial context.

Court Disposition

Application allowed

Orders

  • ['The Notice of Motion dated 21 July 2014 be returnable instanter.' 'The evidence of Ms AB on the Basha inquiry be given by closed circuit television.' 'The evidence of Ms AB on the Basha inquiry be given in closed court.']