R v Peter James DAY [2] [2009] NSWDC 361

New South Wales District Court

CITATION: R v Peter James DAY [2] [2009] NSWDC 361

HEARING DATE(S): 20 April 2009 EX TEMPORE JUDGMENT DATE : 20 April 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Application for a Basha inquiry is refused.

CATCHWORDS: CRIMINAL LAW - Judgment - Application to conduct Basha inquiry

PARTIES: The Crown Peter James Day

FILE NUMBER(S): DC 07/21/3387

COUNSEL: E. Balodis - The Crown P. King - Accused

SOLICITORS: Director of Public Prosecutions Matouk Joyner Lawyers - Accused

JUDGMENT

1 HIS HONOUR: I have before me an application that there be a Basha inquiry in relation to the evidence of a proposed Crown witness, Ms Virginie Bond. The trial involves allegations by the Crown that the accused became obsessed with a woman by the name of RM, to the extent that on 22 August 2006, he decided that he would have Ms M kidnapped.

2 The Crown case is that to that end, the accused obtained the services of two men, who I think have not been identified, as well as an employee of his, Ms Bond. Ms Bond was told by the accused that she would be there in order to calm Ms M down after she had been kidnapped.

3 Ms Bond has made a statement to the police attached to an interview. In the interview, she gives a description of the events of 22 August 2006, that being the night on which the Crown says the accused went to Ms M's home with Ms Bond and the two other men for the purpose of kidnapping Ms M.

4 Mr King says that it would be permissible and useful for Ms Bond to be cross-examined by him on voir dire. In attempting to identify the issues that Ms Bond would be cross-examined about, I have looked at the interview, the further statement made by Ms Bond and also heard what Mr King has said about the nature of the challenge to Ms Bond's evidence.