R v Maybir (No 5) [2015] NSWSC 1740

Supreme Court New South Wales

Medium Neutral Citation: R v Maybir (No 5) [2015] NSWSC 1740 Hearing dates: 14 & 16 October 2015 Decision date: 19 October 2015 Before: R A Hulme J Decision: Statements inadmissible Catchwords: CRIMINAL LAW – evidence – admissibility of prior statements of witness to re-establish credibility – s 108 Evidence Act – where evidence in statements already before the jury – evidence not relevant – evidence inadmissible Legislation Cited: Evidence Act 1995 (NSW) ss 45, 55, 108 Cases Cited: R v Maybir (No 2) [2015] NSWCCA 1737 Category: Procedural and other rulings Parties: Regina Kodi James Maybir Representation: Counsel: Mr C Maxwell QC (Crown) Mr G Brady SC (Accused)

Solicitors: Solicitor for Public Prosecutions Younes Espiner Criminal Lawyers File Number(s): 2013/285215

Judgment 1. HIS HONOUR: This judgment is concerned with an objection by senior counsel for the accused to the tender by the Crown of a number of prior statements by a witness for the purpose of re-establishing her credibility which was seriously challenged in her cross-examination. The provisions of ss 45 and 108 of the Evidence Act 1995 (NSW) are relevant. Leave is required in respect of prior consistent statements: s 108(3). 2. The witness concerned is the accused's former wife, Ms Naomi Brealey. At the conclusion of her evidence the Crown tendered statements she had made to the police on 25 August 2012 and 6 September 2012 in their entirety as well as paragraph 20 of a statement of 29 May 2013 and paragraph 6 of a statement of 6 August 2014. 3. I have ruled that the evidence would not be admitted (T599.22). The following are my reasons.