1 Jun 2017
The trial judge's explicit reliance on the status of police officers to deem it inherently improbable they would fabricate evidence was legally impermissible and fatally undermined verdicts that depended entirely on admissions obtained by those officers; the proviso to s.83(1) CPO could not save the convictions and, for practical reasons, no retrial was ordered.
28 Aug 1997
Although the trial judge omitted a voir dire on the oral admission (error of law), the appellate court concluded that the omission caused no miscarriage of justice on the facts; the post-recording and record of interview were properly admissible and the cotton-swab contact evidence was fairly obtained and properly left to the jury with directions; the additional medical report was marginal and obtainable with reasonable diligence; surveillance, identification and keys issues were matters for the jury; accordingly the proviso to s.83(1) CPO is applied and the convictions are safe and affirmed.