Leichhardt Council v Geitonia Pty Ltd (No 2) [2015] NSWLEC 30

Leichhardt Council v Geitonia Pty Ltd (No 2) [2015] NSWLEC 30

The Court does not accept defence counsel's submission that it should inform a prosecution witness before he gives evidence of rights under s 128 of the Evidence Act 1995 or give an opportunity for legal advice or representation, as no precedent exists, the alleged offence is time barred, and discrepancies between affidavits and drafts do not justify this course.

Parties
Prosecutor: Leichhardt Council; Defendant: Geitonia Pty Limited; Defendant: GRC Projects Pty Ltd 135 672 294 (in liq); Defendant: Bill Gertos
Jurisdiction
Australia
Judgment Date
27 February 2015
Procedural Posture
Criminal Prosecution / Procedural Ruling Before Witness Evidence
Outcome
Defence counsel's submission rejected
Legal Topics
Privilege Against Self Incrimination, Application of S 128 Evidence Act, Prosecution Witness Rights, Time Bar for Offences
Evidence Environmental Law Criminal Procedure Privilege Against Self Incrimination Application of S 128 Evidence Act Prosecution Witness Rights Time Bar for Offences

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Parties

Leichhardt Council

Prosecutor

Geitonia Pty Limited

Defendant

GRC Projects Pty Ltd 135 672 294 (in liq)

Defendant

Bill Gertos

Defendant

Procedural Posture

Criminal Prosecution / Procedural Ruling Before Witness Evidence

Legal Issues

  1. 1 Whether the Court should inform a prosecution witness prior to giving evidence of their potential right to object under s 128 of the Evidence Act 1995
  2. 2 Whether the witness should be given an opportunity to obtain legal advice or representation before giving evidence
  3. 3 Whether potential discrepancies in affidavit drafts justify informing the witness about objection rights

Ratio Decidendi

The Court does not accept defence counsel's submission that it should inform a prosecution witness before he gives evidence of rights under s 128 of the Evidence Act 1995 or give an opportunity for legal advice or representation, as no precedent exists, the alleged offence is time barred, and discrepancies between affidavits and drafts do not justify this course.

Court Disposition

Defence counsel's submission rejected

Orders

  • Exhibit XA (letters of indemnification or comfort to Mr John Loukis and Global Demolitions Pty Ltd) is to be returned