Beckett v The State of New South Wales [2014] NSWSC 1507

Supreme Court New South Wales

Medium Neutral Citation: Beckett v The State of New South Wales [2014] NSWSC 1507 Hearing dates: 27 October 2014 Decision date: 31 October 2014 Before: Harrison J Decision: See paragraphs [29] - [37] Catchwords: PROCEDURE - notice to produce - subpoena to produce - whether material has a legitimate forensic purpose - whether production of material oppressive Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Roseanne Beckett (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: P E Blacket SC & N Broadbent (Plaintiff) J E Maconachie QC, P Saidi & A N Williams (Defendant) Solicitors: Turner Freeman (Plaintiff) I V Knight, Crown Solicitor (Defendant) File Number(s): 2008/289411 Publication restriction: Nil

Judgment 1HIS HONOUR: By notice of motion filed on 10 October 2014, Ms Beckett seeks the following orders: (1)The defendant to produce documents referred to and described in the plaintiff's notice to produce dated 18 August 2014 at paragraphs 1, 2, 3 and 4 of the notice to produce. (2)The defendant produce documents referred to and described in the plaintiff's notice to produce dated 25 July 2014 at paragraph 1(b) of the notice to produce. (3)The Office of the Director of the Public Prosecutions produce documents referred to and described in the plaintiff's subpoena dated 15 September 2014 at paragraphs 1, 2, 3, 4 and 5 of the subpoena. (4)The Office of the Director of the Public Prosecutions produce all of the documents referred to and described in the plaintiff's subpoena dated 22 July 2014 at paragraph 1 of the subpoena. (5)The defendant produce all of the documents referred to and described in the plaintiff's notice to produce dated 23 September 2014. (6)The defendant pay the plaintiff's costs. 2Ms Beckett's notice to produce dated 18 August 2014 sought production from the State of New South Wales of the following documents or things: (1)The charge or charge sheet/s number H999992622949 in respect of charges brought against Amanda Joye Marlin at the Taree Local Court on charge date 22 March 1991 in respect of offensive language and resist arrest, heard on Court date 12 July 1991 at Taree Local Court. (2)The fact sheet prepared and/or tendered in respect of the charges at the Taree Local Court in respect of the above charges. (3)The charge or charge sheet/s number H999992622950 in respect of charges brought against Amanda Joye Marlin in respect of make false instrument (2 counts), use false instrument (3 counts) and larceny, on charge date 26 July 1991, heard on Court date 3 September 1991 at the Taree Local Court. (4)The fact sheet prepared and/or tendered in respect of the charges at paragraph 4 [sic, 3] above. 3Paragraph 1(b) of Ms Beckett's notice to produce dated 25 July 2014 sought "the incident reports or complaints directed to the conduct of the following persons." The nominated people are as follows: (1)Leslie James O'Brien (2)James Henry Morris (3)Tracy Ann Taylor (4)William Isaac Ferguson (5)Peter Thomas (6)Carl Paget (7)Barry Catt (8)Roseanne Catt/Beckett (9)Marie Dawn Whalen (10)Amanda Martin (11)Adrian Newell (12)Vernon Taylor 4On 15 September 2014, Ms Beckett filed a subpoena to produce that was served upon the Director of Public Prosecutions seeking production of the following: (1)The entirety of the solicitors file held by the Office of the Director of Public Prosecutions in respect of the prosecution of the plaintiff up to and at her trial, up to and including 11 September 1991. (2)All documents which were marked for identification at the plaintiff's trial in 1991. (3)All correspondence passing between the Office of the Director of Public Prosecutions and the Crown Prosecutor in respect of the prosecution of the plaintiff up to and including 11 September 1991. (4)The entire committal transcript held by the Office of the Director of Public Prosecutions in respect of the charges brought against the plaintiff. (5)All notes made at the committal or the trial made for or on behalf of the Prosecutor, including Counsel's notes at the trial of the plaintiff, up to and including 11 September 1991. 5On 22 July 2014, Ms Beckett filed a subpoena to produce that was served upon the Director of Public Prosecutions seeking production of, relevantly for present purposes, the following: (1)The entire Crown brief in respect of the prosecution of Barry Catt on child sexual assault charges before Justice Wood in matter 70104/1990 commencing at Taree on Monday, 26 November 1990. 6On 23 September 2014, Ms Beckett served a notice to produce upon the State seeking production of, relevantly for present purposes, "all complaints in respect of the conduct of police officers Peter Thomas and/or Carl Paget made by ... (e) Michael Jones, and all attachments to [that] complaint." 7The State responded by filing its own notice of motion on 14 October 2014 seeking the following orders: (1)Pursuant to UCPR 21.11 and 34.2 the defendant be excused from its obligation to produce documents in response to paragraph 1(b) of the plaintiff's notice to produce for inspection directed to the defendant and dated 25 July 2014. (2)Pursuant to UCPR 21.11 and 34.2 the defendant be excused from its obligation to produce documents in response to the plaintiff's notice to produce for inspection directed to the defendant and dated 18 August 2014. (3)The plaintiff pay the costs of this motion. (4)Such further or other order as the Court may deem fit.