Supreme Court New South Wales Medium Neutral Citation: R v Dawson [2022] NSWSC 785 Hearing dates: 15 June 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: Permit the Crown to tender MFI 20 as Exhibit AS. Catchwords: CRIMINAL LAW – murder trial – where tender of document objected to – document admitted Category: Procedural rulings Parties: Regina (Crown) Christopher Michael Dawson (Accused) Representation: Counsel: C M Everson SC and E Blizard (Crown) P David (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Greg Walsh & Co Solicitors (Accused) File Number(s): 2018/372527 Publication restriction: Nil EX TEMPORE Judgment 1. HIS HONOUR: On 30 May 2022, a New South Wales police running sheet in relation to Operation "Luzon" became MFI 20. In accordance with a judgment published by me about that document, I gave leave to the Crown to cross-examine Mr Peter Dawson who was then giving evidence upon the basis that he was arguably an unfavourable witness to the Crown having regard to the contents of MFI 20. 2. It will be recalled that JC gave evidence in this Court of overhearing a conversation between Mr Peter Dawson and his brother Christopher Dawson about the consequences of leaving Lynette Dawson and the likely distribution of matrimonial assets by the Family Court in the event that that occurred. This, for ease of reference or shorthand, can be described as the 60-70% issue. 3. Pursuant to the leave granted, the Crown put to Mr Peter Dawson questions in the following terms: 4. "Q. Did your brother Chris contact you on the topic of the consequences of him leaving the marriage to Lynette Dawson? 5. A. No, he did not. 6. Q. Didn't you tell him in a phone call that if he did he, your brother Chris, would lose between the 60 to 70% of what he owned with loss of custody of the two children? 7. A. I most certainly did not." 8. I also note that during the course of the discussion concerning this issue Mr Peter Dawson, a solicitor by profession and training, remained in court and was provided with a copy of MFI 20 before those questions were asked of him. 9. Paragraph 5 of the document says this: 10. "5. Peter Dawson was unable to specifically recall giving Christopher advice on the consequences of leaving Lyn but does not deny that he may have done so. If it did occur then he may have told Chris that he would lose between 60 to 70% of what he owned together with loss of custody of the two children." 11. It is unnecessary for present purposes in detail to refer to or set out the evidence given by JC on this issue. However, the Crown now wishes to tender MFI 20 to support the version given by JC to the extent that it appears to coincide with former Detective Pendergast's record of his conversation with Mr Peter Dawson on the same issue. 12. Ms David, on behalf of the accused, objects to its tender on a number of bases. As presently informed, I am unable to form the view that any of them is an impediment or obstacle to the tender of MFI 20. The document is clearly relevant to the issue of the credit of JC on this issue and I propose to admit it. It will become exhibit AS. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 09 September 2022