EPA v Gilmour & Anor [No.2] [2001] NSWLEC 119

Land and Environment Court of New South Wales

CITATION : EPA v Gilmour & Anor [No.2] [2001] NSWLEC 119 PROSECUTOR Environment Protection Authority DEFENDANT PARTIES : Glenn Rex Gilmour PROSECUTOR Environment Protection Authority DEFENDANT Tableland Topdressing Pty Ltd FILE NUMBER(S) : 50006; 50007 of 2000 CORAM: Sheahan J KEY ISSUES: Evidence :- admissibility of evidence of "tendency" LEGISLATION CITED: Evidence Act 1995 CASES CITED: EPA v Air Care Narrabri Pty Ltd and McKean (50018/97, 24 December 1997) DATES OF HEARING: 14/12/2000 DATE OF JUDGMENT: 12/15/2000

PROSECUTOR Barrister Mr T Howard Solicitor Solicitor for Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Barrister Mr M Baird with Mr M Johnson Solicitor Mr S Rugendyke

JUDGMENT:

IN THE LAND AND Matter No: 50006-7 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 15 December 2000

Matter No.50006 of 1999 ENVIRONMENT PROTECTION AUTHORITY Prosecutor v GLENN REX GILMOUR Defendant

Matter No.50007 of 1999 ENVIRONMENT PROTECTION AUTHORITY Prosecutor v TABLELAND TOPDRESSING PTY LTD Defendant JUDGMENT On admissibility of evidence of "tendency"

1. At the end of yesterday's proceedings the prosecution sought to lead evidence from the witness Greenhalgh regarding his role in an investigation of another case brought by the prosecutor against, at least, the corporate defendant in these proceedings. He gave some evidence of an incident he said occurred at or near Maitland Point on the Gwydir River in April 1996.