NSW Caselaw
New South Wales Supreme Court
CITATION : R v Wilkie [2008] NSWSC 947
HEARING DATE(S) : 8 September 2008
JUDGMENT DATE : 8 September 2008
JURISDICTION : Common Law
JUDGMENT OF : Michael Grove J
EX TEMPORE JUDGMENT DATE : 8 September 2008
DECISION : Leave to cross examine granted
CATCHWORDS : CRIMINAL LAW AND PROCEDURE - Application by Crown to cross examine prosecution witness
LEGISLATION CITED : Evidence Act 1995
CATEGORY : Procedural and other rulings
PARTIES : Regina (Commonwealth) Crown Daniel WILKIE - Accused
FILE NUMBER(S) : SC 2007/2619
COUNSEL : A MacSporran SC; M Wigney SC; T Berberian - Crown L Robberds QC; M Thangaraj - Accused
SOLICITORS : Commonwealth Director of Public Prosecutions - Crown Speed & Stracey - Accused
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
GROVE J
Monday 8 September 2008
2007/2619 REGINA (COMMONWEALTH) v Daniel WILKIE
JUDGMENT (Application under s 38 – see p 432 of transcript)
1 HIS HONOUR: An application is made under s 37 of the Evidence Act for the Crown to cross-examine its witness Mr Spratt. The basis of the application is the existence of prior statements which are said to be inconsistent with testimony which he gave on Thursday last. The significant extract is that it was then said that instructions to vary what has come to be called "the list" originated with Mr Kamha and they had been delivered via Mr Bolden. It is the Crown's contention that the mention of Mr Bolden is something which is inconsistent with prior statements made by the witness at the Royal Commission. 2 An extract of his evidence at p 5350 shows that in response to a question about whether he told you who instructed him to do it - he being Mr Shorter - the witness replied, "I'm not certain on this but I think the immediate instruction came from Mr Kamha. Again, in a statement taken for the purpose of these proceedings, he is asked about the conversation with Mr Shorter. When he, Mr Spratt, asked who told him to make the reductions, and Mr Shorter is said to have responded that he: "[G]ot a call from Ashraf on Friday and he told me there was a list on the way and some case estimates which needed to be reduced straight away".
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