R v Medich (No 6) [2016] NSWSC 1001

Supreme Court New South Wales

Medium Neutral Citation: R v Medich (No 6) [2016] NSWSC 1001 Hearing dates: 11 July 2016; 20 July 2016 Date of orders: 25 July 2016 Decision date: 25 July 2016 Jurisdiction: Common Law Before: Bellew J Decision: (1) The jury is discharged. (2) The trial date is vacated. (3) The solicitor for the accused is to file with my Associate, no later than 5:00 pm on 25 July 2016, subpoenas directed to the following: (a) The Australian Criminal Intelligence Commission (formerly the Australian Crime Commission); (b) The New South Wales Police; (c) The New South Wales Crime Commission; and (d) The Department of Justice (Corrective Services New South Wales). (4) The subpoenas in (3) above are to be made returnable before me on Monday 8 August, 2016 at 9:15am. (5) The matter is listed for further directions before me on Monday 8 August at 9:15am. (6) The non-publication order previously made in these proceedings is varied so as to allow the publication of: (i) this judgment; (ii) the proceedings before the Court on 25 July 2016. Catchwords: CRIMINAL LAW – Practice and Procedure – Application to vacate trial - Obligations of disclosure – Deceased killed in 2009 – Accused charged with murder and intimidation in 2010 – Where certain events came to the attention of police in 2013 – Where those events were material to significant issues in the accused's trial – Where events were investigated by a designated task force in 2013 and 2014 – Where members of that task force did not include officers engaged in the investigation of the deceased's murder - Voluminous material obtained by the end of 2014 – Where police investigating the deceased's murder and the Crown sought the material between 2014 and 2016 – Where some of the material was disclosed to the police investigating the deceased's murder in about mid June 2016 – Entirety of material provided to those police after that time - Where the entirety of the material was not provided to the Crown until early July 2016 - Where material was disclosed to the accused on the morning of the first day of his trial in July 2016 – Where the disclosure of the material necessitated an adjournment of the trial to allow the material to be analysed – Where the nature of the material gave rise to the need to issue a number of subpoenas and make further pre-trial applications – No evidence was placed before the Court to attempt to explain the reasons behind the delay in the material being disclosed - Where the trial was not in a position to proceed as a result of late disclosure – Trial vacated – Jury discharged – Orders made to facilitate the immediate progress of the matter with a view to setting a new trial date – Observations as to the importance of adherence to disclosure obligations and the consequences of the late vacation of trials Legislation Cited: Director of Public Prosecutions Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v Lipton [2011] NSWCCA 247; (2012) 82 NSWLR 123 R v Solomon [2005] SASC 265; (2005) 92 SASR 331 Category: Procedural and other rulings Parties: Regina – Crown Ronald Edward Medich – Accused Representation: Counsel: Crown: Ms G O'Rourke SC and Ms S Harris (on 11 July 2016) Ms S Harris (on 20 and 21 July 2016)