R v Chalabian (No. 8) [2022] NSWSC 304

Each component of s.5B(2) operates in favour of the use of audio-visual link for the witnesses, considering the COVID-19 related circumstances and lack of opposition.

Parties: Crown: Regina (Crown); Accused: Sevag Chalabian
Jurisdiction: Australia
Judgment Date: 21 March 2022
Procedural Posture: Criminal / Pre Trial Procedural Ruling
Outcome: application granted
Legal Topics: Audio Visual Evidence, Witness Procedure, COVID 19 Precautions

Criminal Law Audio Visual Evidence Witness Procedure COVID 19 Precautions

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Parties

Regina (Crown)

Crown

Sevag Chalabian

Accused

Procedural Posture

Criminal / Pre Trial Procedural Ruling

Legal Issues

1 Whether witnesses may give evidence by audio-visual link under s.5B of the Evidence (Audio and Audio Visual Links) Act 1998 in circumstances relating to COVID-19 vaccination and rapid antigen testing requirements

Ratio Decidendi

Each component of s.5B(2) operates in favour of the use of audio-visual link for the witnesses, considering the COVID-19 related circumstances and lack of opposition.

Court Disposition

application granted

Orders

Order under s.5B Evidence (Audio and Audio Visual Links) Act 1998 that Anthony Palumberi, Alexander Nappa, Ashley Robert John Mills and Neovy Nappa give evidence by audio-visual link from a place within New South Wales other than the courtroom.