R v Ronald Edward Medich (No. 35) [2018] NSWSC 297

R v Ronald Edward Medich (No. 35) [2018] NSWSC 297

Gattellari's executed waiver is unqualified and amounts to consent or, at minimum, conduct inconsistent with maintaining privilege; therefore, client legal privilege does not prevent the questions sought by the accused regarding the file notes and related matters.

Parties
Crown: Regina; Accused: Ronald Edward Medich
Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Criminal / Interlocutory Ruling on Evidence Privilege
Outcome
Application by accused granted; questions about material are not privileged.
Legal Topics
Evidence, Privilege, Client Legal Privilege, Waiver of Privilege
Criminal Law Evidence Privilege Client Legal Privilege Waiver of Privilege

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Parties

Regina

Crown

Ronald Edward Medich

Accused

Procedural Posture

Criminal / Interlocutory Ruling on Evidence Privilege

Legal Issues

  1. 1 Whether client legal privilege applies to certain file notes and statements made by Mr Ghedia, solicitor for Gattellari
  2. 2 Whether Gattellari has waived client legal privilege

Ratio Decidendi

Gattellari's executed waiver is unqualified and amounts to consent or, at minimum, conduct inconsistent with maintaining privilege; therefore, client legal privilege does not prevent the questions sought by the accused regarding the file notes and related matters.

Court Disposition

Application by accused granted; questions about material are not privileged.

Orders

  • Questions sought to be put by senior counsel for the accused are permissible and not covered by client legal privilege.