Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; Secretary, Department of Planning and Environment v T J O’Brien Investments Pty Ltd; Secretary, Department of Planning and Environment v Edenmore Farms Pty Ltd; Secretary, Department of Planning and Environment v Timothy Justin O’Brien (No 2) [2025] NSWLEC 13

Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; Secretary, Department of Planning and Environment v T J O’Brien Investments Pty Ltd; Secretary, Department of Planning and Environment v Edenmore Farms Pty Ltd; Secretary, Department of Planning and Environment v Timothy Justin O’Brien (No 2) [2025] NSWLEC 13

Leave to reopen should be granted to the prosecutor to tender the recording of the record of interview because special circumstances exist: the prosecutor's failure to tender the recording was based on a reasonable misapprehension, the need to call the evidence was not reasonably foreseeable, the defendants had full notice and have not shown any unfairness, and the defendants did not object in a timely manner to the accuracy or service of the ROI.

Parties
Prosecutor: Secretary, Department of Planning and Environment; Defendant: Keelendi Farms Pty Ltd; Defendant: T J O'Brien Investments Pty Ltd; Defendant: Edenmore Farms Pty Ltd; Defendant: Timothy Justin O'Brien
Jurisdiction
Australia
Judgment Date
26 February 2025
Procedural Posture
Application Within Criminal/environmental Prosecution / Ruling on Application for Leave to Reopen Case After Close of Defence Case
Outcome
Leave to reopen the prosecutor's case granted; recording of ROI admitted.
Legal Topics
Leave to Reopen Case, Tender of Evidence, Record of Interview, Privilege Against Self Incrimination, Fair Trial Rights
Evidence Criminal Procedure Environmental Law Leave to Reopen Case Tender of Evidence Record of Interview Privilege Against Self Incrimination Fair Trial Rights

Case Brief

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Parties

Secretary, Department of Planning and Environment

Prosecutor

Keelendi Farms Pty Ltd

Defendant

T J O'Brien Investments Pty Ltd

Defendant

Edenmore Farms Pty Ltd

Defendant

Timothy Justin O'Brien

Defendant

Procedural Posture

Application Within Criminal/environmental Prosecution / Ruling on Application for Leave to Reopen Case After Close of Defence Case

Legal Issues

  1. 1 Whether leave should be granted to the prosecutor to reopen its case to tender a recording of a record of interview after close of the defence case.
  2. 2 Whether very special or exceptional circumstances exist to justify reopening the prosecution case.
  3. 3 Whether allowing the reopening would be unfair to the defendants.

Ratio Decidendi

Leave to reopen should be granted to the prosecutor to tender the recording of the record of interview because special circumstances exist: the prosecutor's failure to tender the recording was based on a reasonable misapprehension, the need to call the evidence was not reasonably foreseeable, the defendants had full notice and have not shown any unfairness, and the defendants did not object in a timely manner to the accuracy or service of the ROI.

Court Disposition

Leave to reopen the prosecutor's case granted; recording of ROI admitted.

Orders

  • The prosecution is granted leave to reopen its case for the purpose of tendering the recording of the ROI contained in Ex E (Ex SB-1 to the Beaumont affidavit).
  • The ROI is now admitted without limitation.