R v Geeves; R v Geeves (No. 2) [2024] NSWSC 823

Supreme Court New South Wales

Medium Neutral Citation: R v Geeves; R v Geeves (No. 2) [2024] NSWSC 823 Hearing dates: 27 June 2024 Date of orders: 27 June 2024 Decision date: 04 July 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) I refuse the application for a direction under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) for Mavis Yardley, Helen Mackie, Jacqueline Thompson, Angela Fitzpatrick and Jade Wynn to give evidence by audio-visual link. Catchwords: CRIMINAL LAW – evidence – murder trial – evidence by audio-visual link – application by prosecutor for AVL direction in respect of eleven witnesses – four witnesses the subject of consent by accused – application opposed in respect of seven of the eleven witnesses – mixed reasons offered as to inconvenience for witnesses – assessment of reliability necessary – not in the interests of the administration of justice for witnesses to give evidence from locations other than the courtroom Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW) Cases Cited: R v Early (No 4) [2023] NSWSC 505 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.