R v Ngo; Dinh; Dao [2001] NSWSC 339

R v Ngo; Dinh; Dao [2001] NSWSC 339

Given the genuine and significant fears held by the witnesses, and the legislative changes allowing video-link evidence within New South Wales, it was in the interests of the administration of justice that both witnesses give evidence remotely by video-link, not visible to the accused, as this would ensure their testimony was given and not unduly affected by intimidation. The arrangement was also not unfair to the accused and was supported by relevant legislative and common law precedents.

Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Criminal / Interlocutory Application (evidence by Video Link)
Outcome
Application granted
Legal Topics
['evidence' 'video Link Testimony' 'witness Intimidation' 'procedural Fairness']
['criminal Law'] ['evidence' 'video Link Testimony' 'witness Intimidation' 'procedural Fairness']

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Procedural Posture

Criminal / Interlocutory Application (evidence by Video Link)

Legal Issues

  1. 1 ['Whether witnesses can give evidence by video-link from a remote location, not visible to accused' 'Whether video-link evidence is unfair to accused parties' 'Interpretation and application of Evidence (Audio and Audio Visual Links) Act 1998 and related amendments']

Ratio Decidendi

Given the genuine and significant fears held by the witnesses, and the legislative changes allowing video-link evidence within New South Wales, it was in the interests of the administration of justice that both witnesses give evidence remotely by video-link, not visible to the accused, as this would ensure their testimony was given and not unduly affected by intimidation. The arrangement was also not unfair to the accused and was supported by relevant legislative and common law precedents.

Court Disposition

Application granted

Orders

  • ['Direction that evidence of both witnesses (Mr and Mrs L) be given from a remote location by video-link, not visible to the accused and visible to the jury.' 'Transfer of hearing to courtroom no. 7 so screen is visible to jury but not accused.' "Direction that accused not turn to look at the screen; 'dummy' screen...