R v Saleh KHODR [2007] NSWDC 393

Defence counsel is entitled to call Mr Karakira as an expert witness, as his evidence on the pronunciation issue is relevant and can add weight to the defence case on the credibility of the principal Crown witness, despite overlap with previous evidence. The Court reserves its opinion on the admissibility of evidence regarding the meaning of 'Abdul Kafer' until it is established whether this was put to the Crown witness.

Parties: Prosecution: Regina; Accused: Saleh Khodr
Jurisdiction: Australia
Judgment Date: 24 July 2007
Procedural Posture: Criminal / Jury Trial Application to Call Expert Witness
Outcome: Application granted to call expert witness with stated limitations
Legal Topics: Expert Evidence, Relevance, Credibility, Interpreter Qualifications

Criminal Law Expert Evidence Relevance Credibility Interpreter Qualifications

Case Brief

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Parties

Regina

Prosecution

Saleh Khodr

Accused

Procedural Posture

Criminal / Jury Trial Application to Call Expert Witness

Legal Issues

1 Whether expert evidence from Mr Karakira is relevant and admissible under s 55 of the Evidence Act 1995
2 Whether evidence proposed to be led is already covered by Ms Gindy's testimony
3 Whether expert evidence can address pronunciation and meaning issues relevant to witness credibility

Ratio Decidendi

Court Disposition

Application granted to call expert witness with stated limitations

Orders

Defence counsel permitted to call Mr Karakira, limited to the pronunciation issue