R v Yassar BAKIR [2009] NSWDC 12

New South Wales District Court

CITATION: R v Yassar BAKIR [2009] NSWDC 12 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 12 February 2009

JUDGMENT DATE: 13 February 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The identification evidence of Mrs Moore is excluded

CATCHWORDS: Criminal law - Voir Dire - Judgment - Admissibility of evidence - Probative value - Picture identification - Improper conduct of Prosecutor causes unfair prejudice

LEGISLATION CITED: Evidence Act 1995

Pitkin v The Queen [1995] HCA 30; (1995) 69 ALJR 612 at [12] CASES CITED: R v Blick (2000) 111 A Crim R 236 [2000]; NSWCCA 61 R v Fisher [2001] NSWCCA 380

TEXTS CITED: Australian Law Reform Commission (ALRC 26 vol1, para 644)

PARTIES: The Crown Yassar Bakir

FILE NUMBER(S): DC 08/11/0875

N Williams (Crown) COUNSEL: B Walker SC (Accused) A J Kimmins (Accused)

SOLICITORS: NSW DPP Ryan & Bosscher Lawyers

JUDGMENT

Introduction

1 On 15 November 2007 Mrs Kathleen Moore was sitting in a four-wheel drive motor vehicle in Norton Street Leichhardt. She heard a number of loud bangs and saw three men. One of them handed a pistol to another man, who then fired a shot. The Crown case is that the man who fired the pistol was the accused Yassar Bakir. He has been charged with a number of offences including an offence of shooting with intent to murder Mahmoud Hawi. The Crown wants to rely on the evidence of Mrs Moore as to the identity of the shooter. The Crown case is that she identified a photograph of the accused as being the man whom she saw shooting the pistol.