R v Medich (No 2) [2014] NSWSC 1842

R v Medich (No 2) [2014] NSWSC 1842

The presence of police at the applicant's compulsory examination before the NSW Crime Commission, the opportunity thus afforded to hear and potentially use the applicant's evidence, and the subsequent investigative steps, did not result in any actual investigative use of the applicant's evidence, nor did the evidence establish that the prosecution or its officers were unfairly aided. No fundamental defect or unfairness was established that could not be remedied at trial. Therefore, the continuation of the proceedings does not constitute an abuse of process nor warrant a permanent or temporary stay.

Parties
Applicant/accused: Ronald Edward Medich; Respondent: Crown
Jurisdiction
Australia
Judgment Date
30 September 2014
Procedural Posture
Criminal / Procedural Ruling on Application for Permanent Stay
Outcome
Application for permanent stay of proceedings dismissed
Legal Topics
Application for Permanent Stay, Murder Charge, Compulsory Examination, NSW Crime Commission, Police Investigative Procedures, Abuse of Process, Fair Trial, Privilege Against Self Incrimination
Criminal Law Application for Permanent Stay Murder Charge Compulsory Examination NSW Crime Commission Police Investigative Procedures Abuse of Process Fair Trial +1 more

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Parties

Ronald Edward Medich

Applicant/accused

Crown

Respondent

Procedural Posture

Criminal / Procedural Ruling on Application for Permanent Stay

Legal Issues

  1. 1 Whether the presence of police at a compulsory examination of the accused before the NSW Crime Commission prior to being charged, and subsequent investigative events, warrant a permanent stay of proceedings on the basis of unfairness or abuse of process.

Ratio Decidendi

The presence of police at the applicant's compulsory examination before the NSW Crime Commission, the opportunity thus afforded to hear and potentially use the applicant's evidence, and the subsequent investigative steps, did not result in any actual investigative use of the applicant's evidence, nor did the evidence establish that the prosecution or its officers were unfairly aided. No fundamental defect or unfairness was established that could not be remedied at trial. Therefore, the continuation of the proceedings does not constitute an abuse of process nor warrant a permanent or temporary stay.

Court Disposition

Application for permanent stay of proceedings dismissed

Orders

  • The applicant's notice of motion dated 18 June 2014 is dismissed.