R v Niguidula (No 4) [2023] NSWSC 486

Supreme Court New South Wales

Medium Neutral Citation: R v Niguidula (No 4) [2023] NSWSC 486 Hearing dates: 4 May 2023, 5 May 2023 Date of orders: 9 May 2023 Decision date: 09 May 2023 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: (1) Product 4: the accused's objection to the portion of this translation at Exhibit VD-C, p 21, is overruled. (2) Product 81: the accused's objection to portions of this translation at Exhibit VD-C, pp 87 and 92, as set out in my reasons above, is upheld. I reject those portions. (3) Product 609: the accused's objection to the portion of this translation at Exhibit VD-C, p 188, as set out in my reasons above, is overruled. The accused's objection to the portion of this translation at Exhibit VD-C, p 194, as set out in my reasons above, is upheld. I reject that part of the translation at Exhibit VD-C, p 194. (4) Product 657: the accused's objection to the portion of this translation at Exhibit VD-C, pp 197-203, inclusive, is rejected. The accused's objection to the remainder of the translation is upheld. I reject the pages at Exhibit VD-C, pp 204-215. (5) Product 659: the accused's objection is upheld. I reject this part of the translation. Catchwords: EVIDENCE – criminal proceedings - telephone intercept recordings – admissions made on the telephone – conversations in Tagalog and translated into English – conversations about deceased - objections to portions of translated conversations – relevance Legislation Cited: Evidence Act 1995 (NSW), ss 55, 56, 137, 192 Criminal Procedure Act 1986 (NSW), ss 130, 130A, 139 Cases Cited: R v Niguidula (No 3) [2023] NSWSC 481 Category: Procedural rulings Parties: Rex (Crown) Jenny Niguidula (Accused) Representation: Counsel: C Taylor (Crown) A Boe (Accused)