R v Geeves; R v Geeves (No. 2) [2024] NSWSC 823

R v Geeves; R v Geeves (No. 2) [2024] NSWSC 823

It would be unfair to the accused to allow specified contested witnesses to give evidence by audio-visual link, as cross-examination on reliability and credibility would be compromised, and it is not in the interests of the administration of justice to do so. The application in respect of those witnesses is refused.

Parties
Crown: Rex; Accused: Robert Samuel Geeves; Accused: Anne Margaret Geeves
Jurisdiction
Australia
Judgment Date
04 July 2024
Procedural Posture
Criminal / Procedural Ruling in a Murder Trial—application for Evidence by Audio Visual Link
Outcome
Application refused in respect of contested witnesses; consented applications previously granted
Legal Topics
Evidence, Audio Visual Link, Murder Trial, Procedural Rulings
Criminal Law Evidence Audio Visual Link Murder Trial Procedural Rulings

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Parties

Rex

Crown

Robert Samuel Geeves

Accused

Anne Margaret Geeves

Accused

Procedural Posture

Criminal / Procedural Ruling in a Murder Trial—application for Evidence by Audio Visual Link

Legal Issues

  1. 1 Should the Court grant an application under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) to allow specified witnesses to give evidence by audio-visual link in a criminal trial?

Ratio Decidendi

It would be unfair to the accused to allow specified contested witnesses to give evidence by audio-visual link, as cross-examination on reliability and credibility would be compromised, and it is not in the interests of the administration of justice to do so. The application in respect of those witnesses is refused.

Court Disposition

Application refused in respect of contested witnesses; consented applications previously granted

Orders

  • I refuse the application for a direction under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) for Mavis Yardley, Helen Mackie, Jacqueline Thompson, Angela Fitzpatrick and Jade Wynn to give evidence by audio-visual link.
  • Applications regarding Janice Broderick and Allan Payne adjourned.