R v J Lucas; R v B Lucas (No 7) [2022] NSWSC 1814

Supreme Court New South Wales

Medium Neutral Citation: R v J Lucas; R v B Lucas (No 7) [2022] NSWSC 1814 Hearing dates: 1 March 2022 Decision date: 01 March 2022 Jurisdiction: Common Law Before: Button J Decision: The expert evidence is admissible Catchwords: EVIDENCE – admissibility of expert evidence regarding extreme right-wing ideology – counsel for accused resisted experts giving extensive evidence from the witness box – whether general evidence about extreme right-wing organisations, symbols, and ideology is irrelevant – concern that jury would give expert evidence about ideological matters undue weight – evidence admissible Legislation Cited: Evidence Act 1995 (NSW) ss 55 and 79 Category: Procedural rulings Parties: Regina Joshua Lucas (Accused) Benjamin Lucas (Accused) Representation: Counsel: C O'Donnell SC & R Taylor (Crown) M Avenell SC & J Brock (J Lucas) S Howell & R Baldeo (B Lucas) Solicitors: Solicitor of Public Prosecutions (Cth) (Crown) Legal Aid NSW (J Lucas) Hugo Law (B Lucas) File Number(s): 2020/82674; 2020/89279 Publication restriction: Nil

Judgment

Introduction 1. Objection was taken on behalf of both Joshua Lucas and Benjamin Lucas to some proposed expert evidence that was placed before me on the voir dire by the Crown. 2. Three reports had been prepared by Dr Campion, an Australian academic whose honours degree, doctorate, and postdoctoral work have focused upon aspects of terrorism, including propaganda, strategies and concepts, and political violence itself. She holds an appointment as a lecturer in terrorism studies within an Australian university. 3. Two reports had been prepared by Ms Mendelson, an Associate Director within the Center on Extremism within the Anti-Defamation League (ADL), a long-standing organisation in the United States focusing on anti-Semitism and other forms of bigotry. She has been a part of the ADL for more than two decades. Her current role is "overseeing a national team of investigative researchers who track extremism across the ideological spectrum". She explained in her reports that the team "monitors, exposes, and disrupts extremist threats". It also provides "resources, expertise and educational briefings" to various public and private organisations, including law enforcement. 4. Each witness has provided a broad ranging report about aspects of the history, ideology, characteristics, and activities of various right-wing extremist groups. By way of example, in her first report of 5 August 2020, Dr Campion provides background about a person by the name of James Mason, and his publication "Siege". She also speaks at some length about "neo-Nazism" and "Accelerationism". 5. By way of further example, in her first report of 24 October 2021, Ms Mendelson provides a detailed discussion of an organisation known as The Base. In the second report of 5 January 2022, Ms Mendelson "translates" various codewords, catchphrases, or slang terms, such as "red-pilling", a concept that I touched upon in one of my earlier pre-trial judgements.