R v Geeves; R v Geeves [2024] NSWSC 815

Supreme Court New South Wales

Medium Neutral Citation: R v Geeves; R v Geeves [2024] NSWSC 815 Hearing dates: 21 and 24 June 2024 Date of orders: 24 June 2024 Decision date: 02 July 2024 Jurisdiction: Common Law Before: Lonergan J Decision: Evidence allowed. Catchwords: CRIMINAL LAW – murder trial – application to adduce evidence (in various forms) regarding the 1997/1998 pregnancy and early 1998 termination of pregnancy – evidence relevant Legislation Cited: Evidence Act 1995 (NSW) Category: Procedural rulings Parties: Rex (Crown) Robert Samuel Geeves (Accused) Anne Margaret Geeves (Accused) Representation: Counsel: P.W. Kerr (Crown) P Coady (Robert Samuel Geeves) M.P. King (Anne Margaret Geeves)

Solicitors: Office of the Director of Public Prosecutions NSW (Crown) Legal Aid NSW (Robert Samuel Geeves) Longman Hill Solicitors (Anne Margaret Geeves) File Number(s): 2022/00128350 2022/00128454 Publication restriction: Section 15A of the Children (Criminal Proceedings) Act 1987 (NSW) applies to protect the identity of Amber Haigh's child. Any publication of that child's name or anything that might identify that child is prohibited.

JUDGMENT 1. The Crown indicated an intention to lead evidence from various witnesses and tender documents regarding the fact that in early 1998, Amber Haigh underwent a termination of pregnancy. The pregnancy was to Amber's third cousin Paul Harding. Amber's family were concerned that, amongst other things, the baby may have congenital abnormalities due to this fact. 2. General objection is taken on the part of both accused to any evidence of the pregnancy and termination of pregnancy on the basis of relevance. 3. Both accused have pleaded not guilty to the murder of Amber who was last seen in early June 2002. Amber had lived with the accused couple off and on over the previous year or two. She had delivered a baby, [REDACTED], on [REDACTED], the father of whom was Robert Geeves, the male accused. 4. Evidence to be led by Amber's GP, Dr Sevier, indicates that on assessment of Amber in 2001, he concluded that Amber had the intellectual maturity of a 13- year-old rather than her chronological age, which was then 18. 5. Amber had a complex upbringing and was taken into care at a very early age. She had intermittent contact with her parents, who separated when she was two years old and mainly lived with other relatives, including a great aunt, Stella Nealon, with whom she was living when the 1997/1998 pregnancy occurred. 6. A significant aspect of the Crown case is that Amber, who was 19 years old at the time of her disappearance, would never have willingly left baby [REDACTED]. There will be evidence that [REDACTED] was wanted and much loved by Amber. Post-natal records show that although Amber's level of knowledge of infant development was not sophisticated, she was managing, and was caring and loving with her baby boy. 7. The circumstances leading up to the termination of pregnancy in early 1998 are documented in the Young Community Health Centre records. Those records state that Amber told staff that she felt confused about whether to keep the pregnancy to Paul Harding or have a termination of that pregnancy. Young Community Health Centre records show that options were discussed with Amber, and that Amber also discussed the situation with her mother. 8. In a lengthy note made on 19 February 1998 in the Young Community Health Centre records, the attending staff member recorded that Amber was accompanied to that consultation by Anne Geeves. 9. The termination of pregnancy was carried out in Canberra in late February 1998. Amber was taken to Canberra for the termination by her great aunt Stella Nealon and Stella's partner Raymond Harding. 10. Counsel for both accused, Mr Coady for Robert Geeves and Mr King for Anne Geeves, submitted that the evidence of this prior pregnancy and termination was irrelevant to any fact in issue in the proceedings.