R v Abdollahi (No 3) [2013] NSWSC 476

R v Abdollahi (No 3) [2013] NSWSC 476

Mr Atachparian's evidence on the Basha inquiry was confused, but that confusion was not sufficient to render inadmissible the identification evidence in paragraph 18 of his statement. If the Crown chose to pursue the evidence, it was for the Crown to clarify that the witness could make the asserted identification, and the reliability and accuracy of the identification could be challenged.

Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Criminal Proceeding / Basha Voir Dire; Objection to Admissibility of Identification Evidence
Outcome
Objection not upheld; identification evidence admissible if pursued by the Crown.
Legal Topics
['identification Evidence' 'admissibility of Evidence' 'application to Exclude Evidence' 'basha Voir Dire']
['criminal Law' 'evidence'] ['identification Evidence' 'admissibility of Evidence' 'application to Exclude Evidence' 'basha Voir Dire']

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Procedural Posture

Criminal Proceeding / Basha Voir Dire; Objection to Admissibility of Identification Evidence

Legal Issues

  1. 1 ["Whether identification evidence in paragraph 18 of Simon Atachparian's statement identifying Ali Haidari as climbing a fence and onto the roof of the Macquarie Building was inadmissible because of confusion in evidence given on a Basha inquiry."]

Ratio Decidendi

Mr Atachparian's evidence on the Basha inquiry was confused, but that confusion was not sufficient to render inadmissible the identification evidence in paragraph 18 of his statement. If the Crown chose to pursue the evidence, it was for the Crown to clarify that the witness could make the asserted identification, and the reliability and accuracy of the identification could be challenged.

Court Disposition

Objection not upheld; identification evidence admissible if pursued by the Crown.

Orders

  • ['Evidence admissible' "The objection to Mr Atachparian's evidence was not upheld."]