Ku-ring-gai Council v John David Chia (No 2) [2018] NSWLEC 44

Ku-ring-gai Council v John David Chia (No 2) [2018] NSWLEC 44

No final substantive determination was made; the matter was adjourned to allow further submissions on the preliminary evidentiary question regarding the admissibility of evidence affected by potential infringement of the privilege against self-incrimination.

Jurisdiction
Australia
Judgment Date
18 April 2018
Procedural Posture
Criminal Environmental / Interlocutory Application for Exclusion of Evidence and Adjournment
Outcome
Adjournment granted for further submissions on discrete evidentiary question.
Legal Topics
['self Incrimination' 'admissibility of Evidence' 'compulsory Interview' 'adjournment' 'right to Silence']
['criminal Law' 'environmental Law' 'evidence Law'] ['self Incrimination' 'admissibility of Evidence' 'compulsory Interview' 'adjournment' 'right to Silence']

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Procedural Posture

Criminal Environmental / Interlocutory Application for Exclusion of Evidence and Adjournment

Legal Issues

  1. 1 ['Whether the use of a compulsory interview transcript to brief material witnesses infringes the right not to self-incriminate' 'Whether witnesses should be precluded from giving evidence due to exposure to compelled statements' 'Whether s 119S(5) provides clear legislative authority for admissibility overcoming privilege against self-incrimination']

Ratio Decidendi

No final substantive determination was made; the matter was adjourned to allow further submissions on the preliminary evidentiary question regarding the admissibility of evidence affected by potential infringement of the privilege against self-incrimination.

Court Disposition

Adjournment granted for further submissions on discrete evidentiary question.

Orders

  • ['The parties are to prepare written submissions in respect of the discrete evidentiary question raised today by the defendant and provide them to my associate by 12pm Friday 20 April 2018.' 'The matter is stood over until Monday 23 April 2018.']