R v Afu; R v Caleo [2017] NSWSC 1780

Supreme Court New South Wales

Medium Neutral Citation: R v Afu; R v Caleo [2017] NSWSC 1780 Hearing dates: 6 October 2017 Decision date: 30 November 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Evidentiary rulings made Catchwords: EVIDENCE – admissibility – criminal proceedings – two murders – hearsay – maker unavailable – representations to a friend – letter written by deceased to be opened if her death is deemed unnatural – representations by deceased about relationship with accused – representations by deceased implicating accused in other murder and her own possible future murder – some assertions based upon admissions – unfair prejudice – some statements admissible under s 66A Evidence Act 1995 (NSW) – relevance to one murder but not other – letter excluded in entirety Cases Cited: Lithgow City Council v Jackson (2011) 244 CLR 352; [2011] HCA 36 R v Clark [2001] NSWCCA 494; 123 A Crim R 506 Category: Procedural and other rulings Parties: Regina Alani Afu (Accused) Mark Richard Caleo (Accused) Representation: Counsel: Ms M Cunneen SC with Mr E Anderson (Crown) Mr R Wilson (Afu) Mr G Brady SC (Caleo)

Solicitors: Solicitor for Public Prosecutions Katsoolis & Co (Afu) William O'Brien & Ross Hudson Solicitors (Caleo) File Number(s): 2014/321700; 2015/34389

Judgment

Afu & Caleo 1. Alani Afu and Mark Caleo were arraigned in this Court on 5 May 2017 and pleaded not guilty to: Caleo: Murder, alternatively solicit to murder, Michael Chye at Woollahra on 16 October 1989 (Counts 1 and 2) Murder, alternatively solicit to murder, Rita Caleo at Double Bay on 10 August 1990 (Counts 3 and 4) Afu: Murder Rita Caleo at Double Bay on 10 August 1990 (Count 3) 1. The matter was listed for trial on 5 February 2018 with an estimate of 8 weeks. 2. I note that the Crown has since indicated that in relation to the accused Mr Caleo it is proposed to amend the indictment so as to delete the charge of murder and proceed only on the charges of solicit to murder. Such amended indictment has not yet been filed but I proceed on the basis that it will be.