Regina v Raad Fajloun [2007] NSWDC 364

New South Wales District Court

CITATION: Regina v Raad Fajloun [2007] NSWDC 364

JUDGMENT DATE: 14 November 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Objections overruled. Evidence admitted.

CATCHWORDS: Criminal law - Trial - Voire dire judgment - Objection to tender of evidence against accused - Unrecorded admissions to police - Improperly obtained evidence

LEGISLATION CITED: s281 Criminal Procedure Act 1986 ss138, 139 Evidence Act 1995

CASES CITED: Regina v Bullock [2005] NSWSC 825 Reid [1999] NSWCCA 258

PARTIES: Regina Raad Fajloun

FILE NUMBER(S): 06/21/0248

COUNSEL: Ms Herbert for the Crown Dr Webb for Raad Fajloun

SOLICITORS: Ms Irvin for the NSW DPP Mr Simone for Raad Fajloun

JUDGMENT

1. On 12 November 2005 two general duties police responded "to an alleged domestic" in a house in Guildford West. Two people were inside, a man and a woman. The man was Raad Fajloun, an accused in this case. The woman was the complainant in this case. The complainant had scratches and bruising to her face and walked hunched over holding her midsection.

2. One of the police, Constable Rebecca Rose, started to talk to the accused. She said, " What's happened today? " and he replied, " Nothing has happened, we just had an argument. " The conversation between the police officer and the accused went on from there. It included some damaging admissions, especially the last thing which Mr Raad Fajloun is alleged to have said. " I went to her house, break down door and grab her and bring her here. " Two of the charges which Mr Fajloun faces in this case are aggravated break and enter and commit serious indictable offence and aggravated kidnapping. Both offences are alleged to have been committed against the complainant in this case.