R v Quintana (No. 4) [2020] NSWSC 33

R v Quintana (No. 4) [2020] NSWSC 33

Given the centrality of Ms Tairi's evidence, observed disregard for court processes, technical difficulties with AVL audio, and insufficient assurance that procedural fairness or court authority would be maintained, the Court was not satisfied that the evidence could more conveniently or appropriately be given from New Zealand. Leave for the evidence by AVL was refused.

Parties
Applicant: Regina (Crown); Respondent: Rey Quintana
Jurisdiction
Australia
Judgment Date
04 February 2020
Procedural Posture
Criminal / Interlocutory Application
Outcome
Application refused
Legal Topics
Audio Visual Link Evidence, Compellability of Overseas Witness, Witness Credibility, Procedural Fairness, Self Defence
Criminal Law Audio Visual Link Evidence Compellability of Overseas Witness Witness Credibility Procedural Fairness Self Defence

Case Brief

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Parties

Regina (Crown)

Applicant

Rey Quintana

Respondent

Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted for Ms Tairi's evidence to be given by AVL from New Zealand in a murder trial
  2. 2 Whether procedural fairness would be compromised by allowing evidence via AVL
  3. 3 Convenience and appropriateness of AVL evidence under s 50(2) Trans-Tasman Proceedings Act 2010 (Cth)

Ratio Decidendi

Given the centrality of Ms Tairi's evidence, observed disregard for court processes, technical difficulties with AVL audio, and insufficient assurance that procedural fairness or court authority would be maintained, the Court was not satisfied that the evidence could more conveniently or appropriately be given from New Zealand. Leave for the evidence by AVL was refused.

Court Disposition

Application refused

Orders

  • The further application by the Crown for Ms Tairi's evidence at trial to be given by AVL is refused.