R v Obeid (No 6) [2016] NSWSC 112

R v Obeid (No 6) [2016] NSWSC 112

Mr Maroon's evidence, considered with other evidence including a contemporaneous email, is relevant to the financial relationship between the accused and CQR's businesses, is capable of establishing a direct financial benefit accruing to the accused, and its probative value is not outweighed by any potential for unfair prejudice. Therefore, the evidence is admissible.

Parties
Applicant: Regina; Respondent: Edward Moses Obeid
Jurisdiction
Australia
Judgment Date
18 February 2016
Procedural Posture
Criminal / Application to Adduce Evidence at Trial
Outcome
Evidence admitted
Legal Topics
Admissibility of Evidence, Probative Value, Unfair Prejudice, Wilful Misconduct in Public Office
Criminal Law Evidence Admissibility of Evidence Probative Value Unfair Prejudice Wilful Misconduct in Public Office

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Parties

Regina

Applicant

Edward Moses Obeid

Respondent

Procedural Posture

Criminal / Application to Adduce Evidence at Trial

Legal Issues

  1. 1 Whether Mr Maroon's evidence regarding cash payments to the accused is relevant under s 55 of the Evidence Act 1995
  2. 2 Whether the probative value of the evidence outweighs the danger of unfair prejudice under s 137 of the Evidence Act 1995

Ratio Decidendi

Mr Maroon's evidence, considered with other evidence including a contemporaneous email, is relevant to the financial relationship between the accused and CQR's businesses, is capable of establishing a direct financial benefit accruing to the accused, and its probative value is not outweighed by any potential for unfair prejudice. Therefore, the evidence is admissible.

Court Disposition

Evidence admitted

Orders

  • Application to adduce evidence from Paul Maroon granted.
  • Contested evidence of Mr Maroon admitted.