Regina v Suteski [No 4] [2002] NSWSC 218

New South Wales Supreme Court

CITATION : Regina v Suteski [No 4] [2002] NSWSC 218 CURRENT JURISDICTION: Criminal Division FILE NUMBER(S) : SC 70053/01 27/2/02 - 28/2/02 HEARING DATE(S) : 1/3/02 4/3/02 - 8/3/02 11/3/02 - 12/2/02 JUDGMENT DATE : 12 March 2002

PARTIES : Regina Sneza Suteski JUDGMENT OF : Kirby J

M Tedeschi QC/Ms N Adams (Crown) COUNSEL : P Byrne SC/R Nicol (Accused) A Haesler (Witness "B") SOLICITORS : S E O'Connor (Crown) R J Walsh, Murphy & Roskov (Accused) CATCHWORDS : Criminal Law & Procedure - Evidence - Refusal of witness to give evidence - Witness "unavailable to give evidence" for purposes s65(1) admission of hearsay - Discretion to exclude s137 LEGISLATION CITED : Evidence Act 1995 Crimes Act 1900 R v Souleyman (unreported, Smart J, 23.5.96) Lee v The Queen (1998) 195 CLR 594 CASES CITED : R v Blick [2000] NSWCCA 61 R v Lisoff [1999] NSWCCA 364 R v Serratore (1999) 48 NSWLR 101 DECISION : Order para 59

Revised IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

KIRBY J

Tuesday 12 March 2002

70053/01 - REGINA v SNEZA SUTESKI

JUDGMENT [No 4] - Re admissibility of tender of ERISP of Witness "B" 1 KIRBY J: Application is made by the Crown under s65(2) of the Evidence Act 1995 ("the Act") to tender a video recorded interview of a person said not to be available to give evidence. The person I shall refer to as Witness "B", is alleged by the Crown to have been an accomplice of the accused, Ms Sneza Suteski. 2 The accused has been charged with the murder of Mr Richard Peich. Mr Peich died on 20 December 1999. During 1999 Ms Suteski worked in the accounts department of a car dealer, Newman's of Kogarah. Mr Peich was the accountant of that company, and Ms Suteski's immediate superior. Ms Suteski defrauded her employer by diverting cash from the company's bank account to her own bank account, or the accounts of persons sympathetic to her. The Crown alleges that to better accomplish or complete such fraud she needed Mr Peich away from work. Ms Suteski, therefore, according to the Crown, approached Witness B, asking that he assault Mr Peich or recruit someone to do so. Witness B, in his turn, arranged for a friend (here referred to as Witness "W"), to undertake that task. On 20 December 1999, Witness W repeatedly stabbed Mr Peich. Mr Peich died almost at once. 3 Witness W and Witness B and Ms Suteski were arrested on 25 January 2000. Witness B's girlfriend, Ms Kaycee Salem, was also arrested. All were interviewed by the police. The present application concerns the interview given by Witness B on that occasion. 4 On 1 December 2000, Witness B pleaded guilty to an alternative charge of procuring Witness W to maliciously wound Richard Peich. In the proceedings on sentence, Witness B did not offer to assist the Crown. He was sentenced to a term of imprisonment of ten years, with a non parole period of seven years. 5 Witness W was charged with murder. He also pleaded guilty. However, he offered to assist the Crown, undertaking to give evidence against Ms Suteski. He was sentenced to twenty years imprisonment, with a non parole period of fifteen years. The term was significantly reduced by reason of his offer of assistance. 6 Ms Kaycee Salem was also charged, although with a lesser offence. She likewise offered to give assistance. The charges against her were ultimately withdrawn, and she was provided with an Indemnity signed by the Attorney General.