R v MP [2021] NSWDC 40

District Court New South Wales

Medium Neutral Citation: R v MP [2021] NSWDC 40 Hearing dates: 26 February, 01 March, 03 March Date of orders: 03 March 2021 Decision date: 03 March 2021 Jurisdiction: Criminal Before: Grant DCJ Decision: The evidence is inadmissible. Catchwords: Criminal Law –evidence - admissibility of evidence – expert evidence – specialised knowledge – s79 Evidence Act 1995 –opinion evidence – comity of Judges Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Makita v Sprowles (2001) 52 NSWLR 705 R v Kirkham [2020] NSWDC 658 R v Lindford Henry Fran Gilmour 12/11/19 HUNT DCJ R v Suh [2014] NSWDC 319 Bellemore v Tasmania (2006) 170 A Crim R 1 MA v The Queen (2013) 226 A Crim R 575; [2013] VSCA 20 R v PWS 11/03/13 JEFFREYS DCJ Category: Procedural rulings Parties: Regina (Crown) MP (Accused) Representation: Counsel: Mr Kerr (Crown) Mr Metcalfe (Accused)

Solicitors: Ms Coleman (Crown) Mr Blomfield (Accused) File Number(s): 2018/374259 Publication restriction: Non publication order in relation to the names of the complainants.

Judgment

INTRODUCTION 1. HIS HONOUR: At the height of the Covid pandemic MP consented to the pre-recording of evidence. Jury trials had been suspended. He was arraigned before me on 24 August 2020 on a 30 count indictment and pleaded not guilty. There are three complainants, namely KH, JH and SH. It is alleged that while the accused lived with the complainant's and their mother he engaged in indecent assaults, assaults, sexual intercourse and incited an act of indecency. The pre-recording of evidence took place on 24, 25, 26 and 27 August 2020. The trial was set to commence in 2021. 2. The crown does not intend to proceed with count one and severs counts five and six from the indictment. The accused faces a 26 count indictment. On Monday 1 March 2021 he was arraigned and pleaded not guilty to the indictment. 3. On 5 February 2021 the crown received a report from Dr Rita Shackel a Professor of Law and Ethics. The report runs for fifty nine pages. The crown seeks to adduce opinion evidence from the witness. Mr Metcalfe who appears on behalf of the accused objects to the reception of the evidence.