R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 7) [2019] NSWSC 1916

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 7) [2019] NSWSC 1916

The health-based applications did not justify a temporary stay because, with the arrangements proposed for Edward Obeid's housing, transport and medical management, and with medical management and practical toilet access arrangements for Ian Macdonald, the trial would not be unfair. Macdonald's need to prepare to represent himself warranted only a limited adjournment because of his familiarity with the central evidence, prior exposure through ICAC proceedings, and substantial legal support since the proceedings commenced; seven weeks from judgment was sufficient to ensure procedural fairness.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Criminal Prosecution for Common Law Conspiracy / Pre Trial Applications for Temporary Stay of Proceedings
Outcome
The notices of motion for temporary stays on medical grounds were dismissed; Mr Macdonald's application for a temporary stay to prepare for trial was granted in part; the trial date was vacated and relisted.
Legal Topics
['temporary Stay of Proceedings' 'fair Trial' 'ill Health of Accused' 'self Represented Accused' 'trial Adjournment']
['criminal Law' 'practice and Procedure'] ['temporary Stay of Proceedings' 'fair Trial' 'ill Health of Accused' 'self Represented Accused' 'trial Adjournment']

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Procedural Posture

Criminal Prosecution for Common Law Conspiracy / Pre Trial Applications for Temporary Stay of Proceedings

Legal Issues

  1. 1 ["Whether Edward Obeid's ill health justified a temporary stay of the trial until his anticipated release to parole." "Whether Ian Macdonald's gastrointestinal condition and related health issues justified a temporary stay of the trial." 'Whether Ian Macdonald should be granted a temporary stay to allow time to prepare to represent himself at trial after his legal representatives withdrew.' "Whether the trial could be conducted fairly with practical arrangements to accommodate the accused persons' health and participation needs."]

Ratio Decidendi

The health-based applications did not justify a temporary stay because, with the arrangements proposed for Edward Obeid's housing, transport and medical management, and with medical management and practical toilet access arrangements for Ian Macdonald, the trial would not be unfair. Macdonald's need to prepare to represent himself warranted only a limited adjournment because of his familiarity with the central evidence, prior exposure through ICAC proceedings, and substantial legal support since the proceedings commenced; seven weeks from judgment was sufficient to ensure procedural fairness.

Court Disposition

The notices of motion for temporary stays on medical grounds were dismissed; Mr Macdonald's application for a temporary stay to prepare for trial was granted in part; the trial date was vacated and relisted.

Orders

  • ['The notices of motion filed on 21 June 2019 and 4 July 2019, respectively, are dismissed.' "Mr Macdonald's application for a temporary stay to allow him time to prepare for trial is granted in part." 'The trial date of 12 August 2019 is vacated.' 'The trial is relisted to commence on 30 September 2019.']