DPP v Marion Rose Le [2003] NSWLC 8

Local Court of New South Wales

CITATION: DPP v Marion Rose Le [2003] NSWLC 8 JURISDICTION: Criminal PARTIES: Director of Public Prosecutions Marion Rose Le (Defendant) FILE NUMBER: 20042662/01/2; 2042673/01/2 PLACE OF HEARING: Downing Centre Local Court Sydney DATE OF DECISION: 03/01/2002 MAGISTRATE: Magistrate P S Cloran CATCHWORDS: Crimes - Listening Devices LEGISLATION CITED: Listening Devices Act 1984 Barbaro v DPP (1999) NSWSC Steiner Wilson & Webster Pty Ltd (t/a Abbey Bridal) v Amalgamated Television Services Pty Ltd (2000) Aust Torts Reports 81-537 CASES CITED: R v Zubrecky (unrep 22/2/91 NSW Dist Ct Graham J) R v Giaccio (1997) 93 A Crim R 462 Karageoorge (unrep 18/11/98 NSWSC Hidden J) R v Murphy (1985) 4 NSWLR 42 REPRESENTATION: Ms Daleo for DPP Mr Byrne SC for Defendant ORDERS: Offences Proved.

Reasons for Decision

1 The defendant is charged with 2 offences pursuant to s. 5(1)(b) of the Listening Devices Act that she did use a listening device to record a private conversation to which she was a party on 21st and 22nd February, 1999. 2 The offences are being dealt with summarily and both matters are being heard together.

It is appropriate at this stage to set out in full the relevant terms of section 5. (1) A person shall not use, or cause to be used, a listening device: (b) to record a private conversation to which the person is a party. (3) Subsection (1) (b) does not apply to the use of a listening device by a party to a private conversation if: (b) a principal party to the conversation consents to the listening device being so used and: (i) the recording of the conversation is reasonably necessary for the protection of the lawful interests of that principal party, or 3 Although the content of the evidence must be described as extraordinary, it is not difficult and largely not in dispute. It is alleged that in April, 1998, the defendant and one Albert X had been good friends for some time. It appears that Mr. X had been in politics in the Cabramatta area in the early nineties and knew the murdered NSW politician John Newman. The defendant is an Immigration Consultant and worked with the Vietnamese communities for many years. She was also a friend of Phung Ngo a person who was charged and subsequently convicted in connection with the murder of John Newman. There was evidence before the court that she was instrumental in securing proposed sureties for Ngo in bail applications before the Supreme Court and also visited him numerous times in gaol, and, according to Mr. Nicholl, a witness called in her case, she was also convinced of the innocence of Mr. Ngo. 4 The evidence is that the defendant and Mr. X had, at the defendant's request, been attending the inquest into the death of Mr. Newman which ran over a number of weeks. About this time, the defendant alleges that Mr. X confessed to her that he had shot John Newman. He is alleged to have said "I am telling you there was only one person who committed that crime … He put my son away for a long time and he deserved it, I told him I'd kill him and I killed him."