R v Ronald Edward Medich (No. 38) [2018] NSWSC 322

R v Ronald Edward Medich (No. 38) [2018] NSWSC 322

Identifiable circumstances clearly established Hatfield's unreliability, including his contemptuous and non-responsive conduct in the previous trial, his predisposition toward the accused and against Gattellari, his emotive correspondence to the DPP, aspects of his evidence that defied common sense, and the prior distancing of both parties from aspects of his evidence. The Crown's decision not to call him or make him available for cross-examination was justified, the case was not exceptional so as to justify the judge calling him, and no unfairness to the accused warranted a temporary stay.

Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Criminal Proceedings: Accused Charged With Murder and Intimidation; Notice of Motion Seeking Temporary Stay or Alternatively That the Court Call Shayne Desmond Hatfield to Give Evidence / Procedural Ruling During Trial on Notice of Motion
Outcome
Notice of motion dismissed.
Legal Topics
['crown Discretion to Call Witnesses' 'unreliable Witness' 'witness Made Available for Cross Examination' 'court Calling a Witness' 'temporary Stay of Proceedings' 'fair Trial']
['criminal Law' 'criminal Procedure' 'evidence'] ['crown Discretion to Call Witnesses' 'unreliable Witness' 'witness Made Available for Cross Examination' 'court Calling a Witness' 'temporary Stay of Proceedings' 'fair Trial']

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Procedural Posture

Criminal Proceedings: Accused Charged With Murder and Intimidation; Notice of Motion Seeking Temporary Stay or Alternatively That the Court Call Shayne Desmond Hatfield to Give Evidence / Procedural Ruling During Trial on Notice of Motion

Legal Issues

  1. 1 ['Whether the proceedings should be temporarily stayed until the Crown indicated a willingness to call Shayne Desmond Hatfield as a witness.' 'Whether the Court should call Shayne Desmond Hatfield to give evidence.' 'Whether the Crown was justified in declining to call Hatfield or make him available for cross-examination on the ground of unreliability.']

Ratio Decidendi

Identifiable circumstances clearly established Hatfield's unreliability, including his contemptuous and non-responsive conduct in the previous trial, his predisposition toward the accused and against Gattellari, his emotive correspondence to the DPP, aspects of his evidence that defied common sense, and the prior distancing of both parties from aspects of his evidence. The Crown's decision not to call him or make him available for cross-examination was justified, the case was not exceptional so as to justify the judge calling him, and no unfairness to the accused warranted a temporary stay.

Court Disposition

Notice of motion dismissed.

Orders

  • ['The notice of motion be dismissed.']