R v Al Batat & Ors (No 24) [2020] NSWSC 1387

R v Al Batat & Ors (No 24) [2020] NSWSC 1387

Leave was granted because, once it was understood that Mr Luo's identification as one of the men present in the apartment was disputed, the photographic identification evidence had very high probative value and was important. Any potential unfairness, particularly to Mr Luo, arose from a misunderstanding by the Prosecutor and was readily cured by permitting further cross-examination and offering an adjournment. The evidence would not add unduly to the length of the trial, there was no unfairness to the witness, and the proceedings involved serious criminal allegations.

Jurisdiction
Australia
Judgment Date
13 October 2020
Procedural Posture
Criminal Law Evidence / Procedural Ruling on Prosecutor's Application for Leave to Re Open Examination in Chief During Trial
Outcome
Leave granted to the Prosecutor to re-open examination in chief of Martina Sellers and tender the video of the identification procedure involving Mr Luo.
Legal Topics
['re Opening Examination in Chief' 'identification Evidence' 'photographic Identification Procedure' 'cross Examination' 'court Control of Questioning' 'leave Under Evidence Act 1995 (nsw)']
['criminal Law' 'evidence'] ['re Opening Examination in Chief' 'identification Evidence' 'photographic Identification Procedure' 'cross Examination' 'court Control of Questioning' 'leave Under Evidence Act 1995 (nsw)']

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Procedural Posture

Criminal Law Evidence / Procedural Ruling on Prosecutor's Application for Leave to Re Open Examination in Chief During Trial

Legal Issues

  1. 1 ['Whether the Prosecutor should be granted leave to re-open examination in chief of Martina Sellers to tender a video of a photographic identification procedure involving Mr Luo.' "Whether the evidence should be admitted after a misunderstanding that Mr Luo's identification as one of the men in the apartment was not conceded." 'Whether any unfairness to Mr Luo could be cured by allowing further cross-examination.']

Ratio Decidendi

Leave was granted because, once it was understood that Mr Luo's identification as one of the men present in the apartment was disputed, the photographic identification evidence had very high probative value and was important. Any potential unfairness, particularly to Mr Luo, arose from a misunderstanding by the Prosecutor and was readily cured by permitting further cross-examination and offering an adjournment. The evidence would not add unduly to the length of the trial, there was no unfairness to the witness, and the proceedings involved serious criminal allegations.

Court Disposition

Leave granted to the Prosecutor to re-open examination in chief of Martina Sellers and tender the video of the identification procedure involving Mr Luo.

Orders

  • ['Leave granted to the Prosecutor to re-open examination in chief of the witness Martina Sellers (a pseudonym).']