R v Popovic; R v Koloamatangi (No 5) [2017] NSWSC 1200

Supreme Court New South Wales

Medium Neutral Citation: R v Popovic; R v Koloamatangi (No 5) [2017] NSWSC 1200 Hearing dates: 14, 16 August 2017 Decision date: 07 September 2017 Jurisdiction: Common Law - Criminal Before: N Adams J Decision: (1) The evidence of Peter Taylor as to what he heard Daki Bubanja say about the deceased in the presence of the accused is admissible, save for the words to the effect that the deceased was "speaking to police". (2) The evidence of telephone calls between the accused Popovic and Daki Bubanja on 7 and 8 September 2007 is admissible. Catchwords: EVIDENCE – shooting murder – where former co-accused acquitted by the Court of Criminal Appeal – where evidence of words said by that person in presence of both accused and evidence of telephone calls to and from that person sought to be led in Crown case – whether evidence relevant – whether evidence ought to be excluded under s 137 Legislation Cited: Evidence Act 1995 (NSW), ss 55, 59, 137 Cases Cited: Colby v The Queen [1999] NSWCCA 261 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Papakosmas v The Queen (1999) 196 CLR 297 Popovic v R; Hristovski v R; Bubanja v R; and Koloamatangi v R [2016] NSWCCA 202 R v Popovic; R v Koloamatangi (No 3) [2017] NSWSC 1110 Category: Procedural and other rulings Parties: Regina (Crown) Zlatan Popovic (Accused) Tevi Koloamatangi (Accused) Representation: Counsel: Mr P Barrett (Crown) Mr L Brasch (Accused Popovic) Ms C Davenport SC (Accused Koloamatangi)