R v Diallo & Ors (No 6) [2024] NSWSC 917

R v Diallo & Ors (No 6) [2024] NSWSC 917

Tendering YA's statement would cause significant prejudice to co-accused, not sufficiently curable by judicial direction, due to inadmissibility and confusion over reasoning. YA's counsel's indication that YA will testify is not enough to ensure fairness and does not eliminate risk of embarrassment or miscarriage. Separate trials are needed to avoid positive injustice.

Parties
Prosecution: Rex; Defendant: Ibrahima Diallo; Defendant: AG; Defendant: YA; Defendant: AD; Defendant: Panashe Morgan Ryan Karise
Jurisdiction
Australia
Judgment Date
29 July 2024
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Application for separate trial granted; YA to be tried separately from AD, Karise, AG and Diallo.
Legal Topics
Severance of Trials, Joint Trials, Prejudice, Admissibility of Evidence, Jury Directions, Murder, Attempted Murder
Criminal Law Criminal Procedure Severance of Trials Joint Trials Prejudice Admissibility of Evidence Jury Directions Murder +1 more

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Parties

Rex

Prosecution

Ibrahima Diallo

Defendant

AG

Defendant

YA

Defendant

AD

Defendant

Panashe Morgan Ryan Karise

Defendant

Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 Whether the accused should be tried jointly or separately due to prejudice and embarrassment in defence from tender of YA's statement.
  2. 2 Whether judicial directions to the jury could sufficiently cure prejudice arising from inadmissible evidence.
  3. 3 Whether YA's indication he will give evidence affects the fairness of a joint trial.

Ratio Decidendi

Tendering YA's statement would cause significant prejudice to co-accused, not sufficiently curable by judicial direction, due to inadmissibility and confusion over reasoning. YA's counsel's indication that YA will testify is not enough to ensure fairness and does not eliminate risk of embarrassment or miscarriage. Separate trials are needed to avoid positive injustice.

Court Disposition

Application for separate trial granted; YA to be tried separately from AD, Karise, AG and Diallo.

Orders

  • Pursuant to s 21(2) of the Criminal Procedure Act 1986 (NSW), YA is to be tried separately from AD, Panashe Karise, AG and Ibrahima Diallo.
  • YA's trial postponed pursuant to s 21(3) of the Criminal Procedure Act 1986 (NSW).