Regina v Ronen & Ors [2004] NSWSC 1282

Regina v Ronen & Ors [2004] NSWSC 1282

In the unusual circumstances where two material witnesses have declined to confer with the Crown, and where the evidence is potentially complex and central to the alleged offences, it is within the Court's power and in the interests of justice to order a preliminary hearing for the taking of their evidence prior to trial commencement, to ensure a fair trial, avoid interruption or aborting of the proceedings, and clarify the evidence the defence must meet.

Jurisdiction
Australia
Judgment Date
03 February 2004
Procedural Posture
Criminal / Pre Trial Application for Preliminary Hearing
Outcome
Preliminary hearing ordered; leave granted to issue subpoenas to specified witnesses before trial.
Legal Topics
['preliminary Hearing' 'conspiracy to Defraud' 'evidentiary Procedure' 'witness Examination' 'privilege and Confidentiality' 'voir Dire']
['criminal Law'] ['preliminary Hearing' 'conspiracy to Defraud' 'evidentiary Procedure' 'witness Examination' 'privilege and Confidentiality' 'voir Dire']

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Procedural Posture

Criminal / Pre Trial Application for Preliminary Hearing

Legal Issues

  1. 1 ['Whether the Court should order a preliminary hearing for taking the evidence of key witnesses Jennifer Lawler and Ian Geller prior to trial commencement.' 'Extent of the Court’s power to control procedure in criminal proceedings, specifically pre-trial evidence taking.' 'Whether asserted confidentiality obligations by an accountant preclude giving evidence for the prosecution.']

Ratio Decidendi

In the unusual circumstances where two material witnesses have declined to confer with the Crown, and where the evidence is potentially complex and central to the alleged offences, it is within the Court's power and in the interests of justice to order a preliminary hearing for the taking of their evidence prior to trial commencement, to ensure a fair trial, avoid interruption or aborting of the proceedings, and clarify the evidence the defence must meet.

Court Disposition

Preliminary hearing ordered; leave granted to issue subpoenas to specified witnesses before trial.

Orders

  • ['A preliminary hearing is to be held prior to the commencement of trial for the taking of evidence of witnesses Jennifer Lawler and Ian Geller.' 'Leave granted to the Crown to issue subpoenas to Jennifer Lawler and Ian Geller for attendance at court at specified times with short service.']