R v Briggs (No 6) [2014] NSWSC 855

Supreme Court New South Wales

Medium Neutral Citation: R v Briggs (No 6) [2014] NSWSC 855 Hearing dates: 12 June 2014 Decision date: 12 June 2014 Jurisdiction: Common Law - Criminal Before: Button J Decision: My direction of 10 June 2014 requiring Dr Vuletic to give evidence in the witness box in person is revoked. Catchwords: CRIMINAL LAW - EVIDENCE - previous direction that an expert agency witness was to give evidence in person - change in circumstances Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5BAA Category: Interlocutory applications Parties: Regina Cecil Paul Briggs Representation: Counsel: Mr J McLennan (Crown) Mr C Bruce SC (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2012/399846

EX TEMPORE Judgment 1HIS HONOUR: On 10 June 2014 I ordered, pursuant to s 5BAA of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW), that the pathologist Dr Vuletic must give evidence in person rather than by audio visual link. That order was an exception to the general position encapsulated in s 5BAA(1) of the Act, namely that a "government agency witness" such as Dr Vuletic must give evidence to the Court by way of audio visual link. 2That direction of mine was founded on two matters that pertained at the time. The first was that it seemed that there would be a degree of contention about the evidence of the witness, and it was felt by the parties that it was more appropriate in those circumstances that the witness be able to be assessed by the jury in the witness box in person. 3The second aspect was that defence counsel proposed to have the witness examine in person in the witness box at least two items that had been retrieved from the scene of the alleged offence. 4However, in the past day or so those circumstances have changed. The first change is that defence counsel has had a conference with the witness in person, and it seems that there will be either very little contention about her evidence or perhaps none at all. 5The second change is with regard to the logistical question. During that conference, the witness had the opportunity to examine directly the two items, and will be in a position to give evidence about them, even though she will now, it is proposed, be giving evidence by way of audio visual link. 6In short, the two aspects of the matter that led me to make that order on 10 June 2014 have been resolved. The result is that the parties jointly submit that my order of that date should be revoked, thereby causing the matter to revert to the default position contained in s 5BAA(1); namely, that the witness must give evidence by way of audio visual link. In all of the circumstances, I consider that the joint application is soundly appropriate. 7I make the following order: my direction of 10 June 2014 requiring Dr Vuletic to give evidence in the witness box in person is revoked.