R v McIver [2021] NSWDC 595

District Court New South Wales

Medium Neutral Citation: R v McIver [2021] NSWDC 595 Hearing dates: 20 – 22, 27 – 30 September 2021 & 05 October 2021 Date of orders: 13 October 2021 Decision date: 13 October 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: On each count on the indictment the accused is found not guilty Catchwords: CRIME — Sexual offences — Indecent assault CRIMINAL PROCEDURE — Trial — Judge alone — Reasons of trial judge Legislation Cited: Child Welfare Act 1939 (NSW) Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Fleming v R (1998) 197 CLR 250 McIver v R [2020] NSWCCA 343 R v McIver [2019] NSWDC 672 Category: Principal judgment Parties: Regina (Crown) John Dalziel McIver (accused) Representation: Anthony McCarthy (Crown Prosecutor) Linda McSpedden (Counsel for the accused)

Director of Public Prosecutions (NSW) (Crown) O'Brien Solicitors (solicitors for the accused) File Number(s): 2016/00326970 & 2017/00172183 Publication restriction: No publication of the names of the complainants or of any information which may enable their identities to be ascertained

REVISED JudgEment 1. This is the trial of John Dalziel McIver and today it is in for judgement and my verdict, this being a judge alone trial.

INTRODUCTION 1. On Monday, 20 September 2021, John Dalziel McIver, represented by Ms McSpedden of counsel appeared for trial in the District Court, Sydney upon an indictment alleging offences of sexual assault upon three complainants. This is a re-trial after the accused successfully challenged earlier convictions in the Court of Criminal Appeal: R v McIver [2019] NSWDC 672; McIver v R [2020] NSWCCA 343. There were other proceedings before Whitford SC DCJ, from which judgements are not presently available. 2. In light of the complex history of the proceedings to this point, I have chosen not to review the aforementioned decisions to ensure that I approach what is required of me with regard to the evidence presented in this trial upon the current indictment and according to the manner in which the matter has been presented.