EPA v Gilmour & Anor [No.3] [2001] NSWLEC 121

EPA v Gilmour & Anor [No.3] [2001] NSWLEC 121

Leave is granted to the prosecutor to call Mrs Gilmour as a witness, as her evidence is critical, no alternative evidence is reasonably available, and the requirements of s 18 of the Evidence Act 1995 are satisfied.

Parties
Prosecutor: Environment Protection Authority; Defendant: Glenn Rex Gilmour; Defendant: Tableland Topdressing Pty Ltd
Jurisdiction
Australia
Judgment Date
22 December 2000
Procedural Posture
Criminal Prosecution / Interlocutory Application for Leave to Adduce Further Evidence
Outcome
leave to adduce further evidence granted
Legal Topics
Admission of Further Evidence, Compellability of Witness, Pollution Offences
Environmental Law Evidence Law Admission of Further Evidence Compellability of Witness Pollution Offences

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Parties

Environment Protection Authority

Prosecutor

Glenn Rex Gilmour

Defendant

Tableland Topdressing Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Interlocutory Application for Leave to Adduce Further Evidence

Legal Issues

  1. 1 Whether leave should be granted to the prosecutor to adduce further evidence by calling Mrs Bridget Gilmour as a witness in the prosecution case, against her husband, Glenn Rex Gilmour

Ratio Decidendi

Leave is granted to the prosecutor to call Mrs Gilmour as a witness, as her evidence is critical, no alternative evidence is reasonably available, and the requirements of s 18 of the Evidence Act 1995 are satisfied.

Court Disposition

leave to adduce further evidence granted

Orders

  • Leave granted to the prosecutor to call Mrs Gilmour as a witness in the prosecution case.