R v Warwick (No.39) [2018] NSWSC 1286

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.39) [2018] NSWSC 1286 Hearing dates: 16 August 2018 Date of orders: 16 August 2018 Decision date: 16 August 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Dismiss the Notice of Motion filed in court on 16 August 2018 to strike out the evidence-in-chief of Mr Jesse Sheather. Catchwords: EVIDENCE – application by accused to strike out evidence-in-chief of a former police officer – Evidence Act 1995, s 33 not applicable – where it was asserted that witness refreshed his memory from documents without leave – Evidence Act 1995, s 32 not applicable – notice of motion dismissed Legislation Cited: Evidence Act 1995 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A R Conolly / E Ramsay (Accused)

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co (Accused) File Number(s): 2015/222068 Publication restriction: Not Applicable

EX TEMPORE Judgment (T.1731) 1. Application is made by Notice of Motion filed in Court this morning for an order that the entirety of the evidence-in-chief of Mr Jesse Sheather, a retired Detective Sergeant of the NSW Police, be struck out. In support of that Notice of Motion the Accused relies upon the affidavit of Ms Elizabeth Ramsay of 16 August 2018, to which was attached a statement of Mr Sheather dated 15 December 2015.