R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 4) [2019] NSWSC 1286

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 4) [2019] NSWSC 1286

Although the requirements for admissibility under s 65(3) were satisfied, the risk of unfair prejudice to the accused associated with the manner, context, and restrictions of Mr Fang's evidence in the ICAC proceedings outweighs its probative value. Accordingly, the evidence is excluded under s 135 of the Evidence Act 1995 (NSW).

Parties
Prosecution: The Crown; Accused: Ian Michael Macdonald; Accused: Edward Moses Obeid; Accused: Moses Edward Obeid
Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Procedural Ruling / Application to Tender Evidence
Outcome
Application refused
Legal Topics
Hearsay, Admissibility of Evidence
Evidence Criminal Law Hearsay Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

Ian Michael Macdonald

Accused

Edward Moses Obeid

Accused

Moses Edward Obeid

Accused

Procedural Posture

Procedural Ruling / Application to Tender Evidence

Legal Issues

  1. 1 Whether Mr Fang's evidence is admissible under ss 65(1) and 65(3) of the Evidence Act 1995 (NSW)
  2. 2 Whether any accused cross-examined Mr Fang or had a reasonable opportunity to do so under s 65(3)
  3. 3 Whether evidence should be excluded under s 135 due to unfair prejudice

Ratio Decidendi

Although the requirements for admissibility under s 65(3) were satisfied, the risk of unfair prejudice to the accused associated with the manner, context, and restrictions of Mr Fang's evidence in the ICAC proceedings outweighs its probative value. Accordingly, the evidence is excluded under s 135 of the Evidence Act 1995 (NSW).

Court Disposition

Application refused

Orders

  • The Crown's application to tender Mr Fang's evidence is refused.