R v Rogerson; R v McNamara (No 1) [2015] NSWSC 592

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 1) [2015] NSWSC 592 Hearing dates: 12, 14 and 15 May 2015 Date of orders: 26 May 2015 Decision date: 26 May 2015 Jurisdiction: Common Law Before: Bellew J Decision: (1) The objection made under s. 18(2) of the Evidence Act 1995 (NSW) by Jessica McNamara, is upheld.

(2) Pursuant to s. 18(6) of the Evidence Act 1995 (NSW) I order that Jessica McNamara must not be required to give evidence at the trial of Roger Caleb Rogerson and Glen Patrick McNamara. Catchwords: EVIDENCE – Two accused charged with murder and supplying a prohibited drug – Where proposed Crown witness was the daughter of one of the accused – Where witness made statements to police – Evidence of statements made to the witness by the Solicitor for one of the accused which were threatening in nature – Objection taken by the witness to giving evidence – Objection based upon likelihood of harm to the witness, as well as likelihood of harm to the relationship with her father – Balancing exercise – Objection upheld – Ordered that the witness not be required to give evidence

WORDS AND PHRASES – "likelihood" – "harm" Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Flentjar (No 2) [2008] NSWSC 648 Tillmanns Butcheries Pty Limited v Australian Meat Industry Employees' Union (1979) 27 ALR 367 Texts Cited: Australian Law Reform Commission 80 Oxford English Dictionary Category: Procedural and other rulings Parties: Regina – Crown Glen Patrick McNamara – Accused Roger Caleb Rogerson – Accused Jessica McNamara – Applicant (witness) Representation: Counsel: Mr C Maxwell QC – Crown Mr C Waterstreet – Accused McNamara Mr G Thomas – Accused Rogerson Mr P Boulten SC – Ms J McNamara Mr G James QC and Mr E James – Mr P Kenny