Potier – Application for an inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2018] NSWSC 768

Potier – Application for an inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2018] NSWSC 768

The application was refused because the applicant's complaints did not create the appearance of any doubt or question as to his guilt or as to any part of the evidence in the 2001 trial. The alleged differences between the original recordings and the recordings played to the jury did not identify any material alteration, added or excised words, or break in the recordings; the asserted overlapping phone calls were consistent with sequential calls; the alleged inconsistency between police officers was best explained by confusion about different recording methods and had already been rejected in Potier Appeal No 2; the Telstra and web trace material did not prove that the calls were not made...

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) for an Inquiry Into Convictions / On the Papers; Application for Inquiry Into 2001 Convictions After Prior Appeals
Outcome
Application refused
Legal Topics
['inquiry Into Conviction' 'soliciting to Murder' 'fresh or New Evidence' 'authenticity of Recordings' 'telephone Intercept Evidence' 'disclosure' 'jury Deliberations']
['criminal Law' 'criminal Procedure' 'evidence'] ['inquiry Into Conviction' 'soliciting to Murder' 'fresh or New Evidence' 'authenticity of Recordings' 'telephone Intercept Evidence' 'disclosure' 'jury Deliberations']

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Procedural Posture

Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) for an Inquiry Into Convictions / On the Papers; Application for Inquiry Into 2001 Convictions After Prior Appeals

Legal Issues

  1. 1 ["Whether it appeared that there was a doubt or question as to the applicant's guilt with respect to the 2001 convictions or as to any part of the evidence in the 2001 trial for the purpose of s 79(2) of the Crimes (Appeal and Review) Act 2001 (NSW)." 'Whether alleged new evidence concerning original recordings, overlapping phone calls, Telstra material, police evidence and jury-room material undermined the authenticity or reliability of recordings relied upon at the 2001 trial.' 'Whether the Court should direct that an inquiry be conducted into the 2001 convictions under s 79(1)(a).']

Ratio Decidendi

The application was refused because the applicant's complaints did not create the appearance of any doubt or question as to his guilt or as to any part of the evidence in the 2001 trial. The alleged differences between the original recordings and the recordings played to the jury did not identify any material alteration, added or excised words, or break in the recordings; the asserted overlapping phone calls were consistent with sequential calls; the alleged inconsistency between police officers was best explained by confusion about different recording methods and had already been rejected in Potier Appeal No 2; the Telstra and web trace material did not prove that the calls were not made...

Court Disposition

Application refused

Orders

  • ['Application that the Court direct that an inquiry be conducted into the 2001 convictions refused.']