R v Choi (No 2) [2020] NSWSC 1849

Supreme Court New South Wales

Medium Neutral Citation: R v Choi (No 2) [2020] NSWSC 1849 Hearing dates: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) The following Crown witnesses give their evidence in the trial of the accused Chan Han Choi by way of audio visual link from a location outside New South Wales in accordance with s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW): (i) Michael Elleman of Washington DC, United States of America; (ii) David Hoyh of Concord, California, United States of America; (iii) Steve Sin of Alexandria, Virginia, United States of America; (iv) David von Hippel of Oregon, United States of America; and (v) Jason Arterburn of Washington DC, United States of America. Catchwords: EVIDENCE — Audio and audio visual links — Application for witnesses to give evidence by audio visual link — Special provisions for COVID-19 pandemic Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW), ss 5B, 22C Category: Procedural and other rulings Parties: Regina Chan Han Choi (Accused) Representation: Counsel: J Single SC (Crown) I Jamal (Accused)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) Abbas & Co Lawyers (Accused) File Number(s): 2017/380546

Judgment (EX TEMPORE)

Introduction 1. The Crown, by notice of motion dated 4 December 2020, has sought orders that certain witnesses be permitted to give their evidence in the trial of the accused Chan Han Choi by way of audio visual link (AVL) from a location outside New South Wales in accordance with s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) (the Act).