R v Cahill (No. 1) [2018] NSWSC 2024

R v Cahill (No. 1) [2018] NSWSC 2024

The Court was satisfied that the necessary facilities in Dublin were available, that the witnesses could not be compelled to return to Australia and their oral evidence would only be available by audio visual link, that no unfairness to the Accused was submitted, and that each witness was willing to give evidence by audio visual link; accordingly, no s.5B(2) factor prevented the order.

Jurisdiction
Australia
Judgment Date
09 October 2018
Procedural Posture
Criminal Law Murder Trial / Pre Trial Procedural Application for Witnesses to Give Evidence by Audio Visual Link
Outcome
Application granted; orders made permitting specified witnesses to give evidence at the trial of the Accused by audio-visual link from the Republic of Ireland.
Legal Topics
['murder Trial' 'audio Visual Link Evidence' 'overseas Witnesses' 'witness Availability']
['criminal Law' 'evidence' 'criminal Procedure'] ['murder Trial' 'audio Visual Link Evidence' 'overseas Witnesses' 'witness Availability']

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Procedural Posture

Criminal Law Murder Trial / Pre Trial Procedural Application for Witnesses to Give Evidence by Audio Visual Link

Legal Issues

  1. 1 ["Whether seven witnesses resident in the Republic of Ireland should be permitted to give evidence in the Crown case by audio visual link at the Accused's murder trial." 'Whether any prohibiting factor in s.5B(2) of the Evidence (Audio and Audio Visual Links) Act 1998 prevented the making of the direction.']

Ratio Decidendi

The Court was satisfied that the necessary facilities in Dublin were available, that the witnesses could not be compelled to return to Australia and their oral evidence would only be available by audio visual link, that no unfairness to the Accused was submitted, and that each witness was willing to give evidence by audio visual link; accordingly, no s.5B(2) factor prevented the order.

Court Disposition

Application granted; orders made permitting specified witnesses to give evidence at the trial of the Accused by audio-visual link from the Republic of Ireland.

Orders

  • ["Jonah Summers, Melissa Sinnott, Grace Keegan, Amy O'Shaughnessy, Orla McCabe, Joe Doran and Martin Doyle are to give evidence by audio visual link in the trial at a time and date to be fixed." 'Orders 1, 2 and 3 were made in accordance with the Short Minutes of Order signed and dated 9 October 2018.' "The parties...