R v Macdonald; R v Maitland (No2) [2017] NSWSC 721

Supreme Court New South Wales

Medium Neutral Citation: R v Macdonald; R v Maitland (No2) [2017] NSWSC 721 Hearing dates: 30 January 2017 Decision date: 30 January 2017 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: Document 56-0260 rejected. Catchwords: EVIDENCE – admissibility – relevance – establishing provenance of an undated document – wording of summons to produce insufficient to indicate date of document – risk of unfair prejudice insufficiently ameliorated Category: Procedural rulings Parties: Regina Ian Macdonald (Accused) John Maitland (Accused) Representation: Counsel: M McHugh SC/P English (Crown) M Johnston SC (Accused Macdonald) D Jordan SC/ES Kerkyasharian (Accused Maitland)

Solicitors: Solicitor for Public Prosecutions (Crown) Horton Rhodes Lawyers (Accused Macdonald) Bob Whyman Solicitor (Accused Maitland) File Number(s): 2015/59940; 2015/59990

Judgment: EX TEMPORE

Introduction 1. Objection is taken by both accused to document 56-0260, which is a "with compliments" slip of ResCo Services Pty Ltd of which the accused, Mr Maitland, was relevantly a director. 2. It appears, on the basis of the statement dated 17 February 2016 of Adam Griffiths, an investigator employed by the Independent Commission Against Corruption (ICAC), that the "with compliments" slip was attached to two pieces of correspondence between the accused Mr Macdonald and Peter Murray, the General Secretary of the CFMEU Mining and Energy Division, dated 6 September 2007 and 8 August 2007 respectively. Neither of these documents is the subject of objection.