R v Ronald Edward Medich (No. 36) [2018] NSWSC 301

R v Ronald Edward Medich (No. 36) [2018] NSWSC 301

The accused established a legitimate basis to pursue whether Gattellari had protested innocence before making admissions, but did not establish any legitimate forensic purpose for production of documents beyond 19 October 2010. After that date Gattellari had made extensive admissions to police in the presence of Mr Ghedia, and there was nothing to suggest he asserted a contrary position to his solicitor. Seeking documents after 19 October 2010 was therefore fishing for a possibility unsupported by the evidence.

Jurisdiction
Australia
Judgment Date
12 March 2018
Procedural Posture
Criminal Law Evidence Subpoena Ruling / Crown Notice of Motion to Set Aside or Limit Subpoena for Production
Outcome
Subpoena not set aside entirely, but Mr Sundip Ghedia's obligation to produce was limited to specified documents relating to his representation of Fortunato Gattellari between 13 October 2010 and up to and including 19 October 2010.
Legal Topics
['subpoena for Production' 'legitimate Forensic Purpose' 'fishing Expedition' 'cross Examination of Witness']
['criminal Law' 'evidence'] ['subpoena for Production' 'legitimate Forensic Purpose' 'fishing Expedition' 'cross Examination of Witness']

Case Brief

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Procedural Posture

Criminal Law Evidence Subpoena Ruling / Crown Notice of Motion to Set Aside or Limit Subpoena for Production

Legal Issues

  1. 1 ['Whether the subpoena issued to Mr Sundip Ghedia should be set aside or limited.' 'Whether the accused established a legitimate forensic purpose for production of documents beyond 19 October 2010.' 'Whether seeking documents to 31 October 2010 amounted to an impermissible fishing expedition.']

Ratio Decidendi

The accused established a legitimate basis to pursue whether Gattellari had protested innocence before making admissions, but did not establish any legitimate forensic purpose for production of documents beyond 19 October 2010. After that date Gattellari had made extensive admissions to police in the presence of Mr Ghedia, and there was nothing to suggest he asserted a contrary position to his solicitor. Seeking documents after 19 October 2010 was therefore fishing for a possibility unsupported by the evidence.

Court Disposition

Subpoena not set aside entirely, but Mr Sundip Ghedia's obligation to produce was limited to specified documents relating to his representation of Fortunato Gattellari between 13 October 2010 and up to and including 19 October 2010.

Orders

  • ['Mr Sundip Ghedia is to be excused from any obligation to produce to the Court the documents set out in the schedule to the subpoena issued on 8 March 2018.' 'Mr Sundip Ghedia may discharge his obligation under the subpoena by producing all file notes, diary notes, conference notes and correspondence relating to...