R v Christos PODARAS [2009] NSWDC 369

New South Wales District Court

CITATION: R v Christos PODARAS [2009] NSWDC 369

JUDGMENT DATE: 26 October 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The tender is rejected.

CATCHWORDS: CRIMINAL LAW - evidence - police statement tendered as evidence of a lie - objection pursuant to s 281 Criminal Procedure Act 1986 - objection pursuant to s 85 Evidence Act 1995

LEGISLATION CITED: Criminal Procedure Act 1986 s 281 Evidence Act 1995 s 85

PARTIES: Regina Christos Podaras

FILE NUMBER(S): 2008/14226

COUNSEL: Ms S Herbert Mr J Watts

SOLICITORS: Director of Public Prosecutions NSW Catherine Hunter Solicitor

JUDGMENT

1. The Crown Prosecutor, Ms Herbert, is tendering some evidence to which Mr Watts who appears for the accused, Mr Podaras, objects. Ms Herbert is tendering an account given by a police officer who knocked on the door of Mr Podaras.

2. The Crown case is that Mr Podaras assisted another person assaulting a third person. The Crown case is that as a result of that assault one of the assailants was stained with blood. The Crown alleges that the assailant and Mr Podaras concocted an account for the presence of that blood. They decided that the other person would report that she had been assaulted by the person whom the Crown says is the victim of the crime that Mr Podaras is charged with. The Crown's case is that a triple-0 call was made and that both Mr Podaras and his co-offender (so far as the Crown is concerned) falsely reported an assault to the police.

3. The evidence tendered by the Crown at this stage concerns the police arriving at the unit where Mr Podaras and his alleged co-offender were, in response to that call which the Crown says is fabricated.