NSW Caselaw
New South Wales District Court
CITATION: Regina v Raad Fajloun and Mikel Fajloun [2007] NSWDC 367
JUDGMENT DATE: 12 November 2007
JURISDICTION: District Court of New South Wales
JUDGMENT OF: Cogswell SC DCJ at 1
DECISION: Objection under s18 of the Evidence Act 1995 overrruled.
CATCHWORDS: Criminal law - Trial - Voire dire judgment - Witness objects to giving evidence for the prosecution - Witness related to both accused
LEGISLATION CITED: s18 Evidence Act 1995
Regina PARTIES: Raad Fajloun Mikel Fajloun
FILE NUMBER(S): 06/21/0248; 06/21/0247
Ms Herbert for the Crown COUNSEL: Dr Webb for Raad Fajloun Mr Watson for Mikel Fajloun
SOLICITORS: Ms Irvin for the NSW DPP Mr Simone for Raad Fajloun
JUDGMENT 1. The prosecution proposes to call Issa Fajloun. Issa Fajloun is a 20 year old young man. He is the son of one of the accused Raad Fajloun.
2. After I explained the effect of s18 of the Evidence Act 1995 to Mr Issa Fajloun he objected to giving evidence as a witness for the prosecution pursuant to s18(2).
3. I have heard evidence from him of matters relevant to the conclusions referred to in s18(6). The factors referred to in subs 7 have all been touched upon.
4. Briefly I take into account the following matters. Mr Raad Fajloun is charged with two very serious offences and one significant offence. He is charged with breaking and entering and committing a serious indictable offence and kidnapping. In addition he is charged with assault occasioning actual bodily harm.
5. The evidence which Mr Issa Fajloun can give is of some importance. He is able to give evidence about a telephone call received in the early morning of the day of the alleged crime. He identifies the caller as his father. Other evidence will identify the phone from which the call was made to Issa Fajloun as that of Mr Mikel Fajloun, the co-accused. It is therefore significant circumstantial evidence placing the two accused together within an hour of the alleged offences, or at least the first of the alleged offences which occurred at around 7 am.
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