R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 3) [2019] NSWSC 898

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 3) [2019] NSWSC 898

The draft documents and associated evidence are admissible as they are relevant and probative of the existence, scope and object of the alleged conspiracy, and any risk of unfair prejudice can be managed by directions to the jury.

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Criminal / Interlocutory/evidentiary Ruling
Outcome
Evidence admitted
Legal Topics
['admissibility of Documentary Evidence' 'provenance and Purpose of Evidence' 'inferences From Witness Evidence' 'relevance of Draft Documents']
['criminal Law' 'evidence'] ['admissibility of Documentary Evidence' 'provenance and Purpose of Evidence' 'inferences From Witness Evidence' 'relevance of Draft Documents']

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Procedural Posture

Criminal / Interlocutory/evidentiary Ruling

Legal Issues

  1. 1 ['Whether draft documents pertaining to acquisition of property are admissible' 'Whether inference is available as to provenance and purpose of water licence enquiry']

Ratio Decidendi

The draft documents and associated evidence are admissible as they are relevant and probative of the existence, scope and object of the alleged conspiracy, and any risk of unfair prejudice can be managed by directions to the jury.

Court Disposition

Evidence admitted

Orders

  • ['Evidence relating to acquisition and attempted change of ownership of Cherrydale Park, adjoining properties, and related draft documents is admitted as evidence – see paragraphs [16]-[18] and [35].']