R v Hunter (No 14) [2014] NSWSC 1157

Supreme Court New South Wales

Medium Neutral Citation: R v Hunter (No 14) [2014] NSWSC 1157 Hearing dates: 16 July 2014 Decision date: 16 July 2014 Jurisdiction: Common Law - Criminal Before: Button J Decision: The result is that I will ask Mr Gary Hunter to leave us now, but be available to conclude his evidence at 10 AM tomorrow morning. Catchwords: CRIMINAL LAW - EVIDENCE - witness - examination in chief - application by witness for an adjournment Category: Interlocutory applications Parties: Regina Paul Andrew Hunter Representation: Counsel: M Cinque (Crown) D Carroll (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Shiranica Danieli Lawyers (Accused) File Number(s): 2011/397367

EX TEMPORE Judgment 1Mr Gary Hunter, a witness, has applied to have the conclusion of his evidence adjourned from now, Wednesday afternoon, until Friday morning of this week and, depending upon the state of his health, possibly longer. 2Regrettably, there have been a number of physical impediments already apparent in the trial to the reception and completion of Mr Gary Hunter's evidence. 3For example, first, he did not have his glasses with him whilst in the witness box, with the result that it was his position that he was unable to read handwritten or typed documents shown to him in cross-examination by the Crown Prosecutor. 4Secondly, earlier today he stated that the lights in court were hurting his eyes and, accordingly, I took the morning tea adjournment a little early, to facilitate his comfort. 5Thirdly, it is his position that he became unexpectedly ill in the cells today, and he informed me that, shortly after lunch, he was incapable of continuing. 6An ambulance attended at my request. A report was obtained with regard to his state of health, and that report will be retained on file. 7The fourth physical impediment is that Mr Gary Hunter did not attend court in answer to a subpoena on the first day of the trial, and was arrested pursuant to a bench warrant five days later, and has been bail refused since then. 8I am told that the remaining cross-examination by the learned Crown Prosecutor will be very short indeed, and that the cross-examination by learned defence counsel will not be overly lengthy, and certainly no more than one hour. 9As I say, at my request an ambulance was called and attended on Mr Gary Hunter in the cells, to ensure that his health was not endangered. The report describes him as providing a history of headache, having vomited on a single occasion today, and severe abdominal pain. He was offered transport and analgesia by the ambulance officer, but declined. 10In short, the trial has already been delayed for one week because of problems associated with the evidence being received of Mr Gary Hunter. Although the trial is proceeding well, I consider that it is imperative that it proceed with reasonable dispatch. 11Certainly, when Mr Gary Hunter gives evidence I would have thought that he should be provided at all times with two or three plastic cups of water, and also a box of Kleenex for his convenience. I would have thought that, if he seeks it, there could be a break, perhaps every 20 minutes, of five minutes or so. 12As I have indicated, I did not force Mr Gary Hunter to give evidence today between shortly after 2 PM and now, close to 4 PM and, indeed, the jury was invited to leave us at about 3.30 PM. In the circumstances, my proposal is that Mr Gary Hunter rest up this evening, obtain whatever medical treatment he is able to obtain, and return to the witness box at 10 AM tomorrow morning, but no later. 13The result is that I will ask Mr Gary Hunter to leave us now, but be available to conclude his evidence at 10 AM tomorrow morning.