R v Warwick (No.54) [2018] NSWSC 1716

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.54) [2018] NSWSC 1716 Hearing dates: 17 October 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Report of Mr Barnes of 23 November 1985 admitted and marked V.D.31 Catchwords: EVIDENCE – voir dire – report of Crown expert – diagram of search area after detonation of explosive device – estimations of size of explosive charge – results of laboratory examinations of device fragments – objection taken on basis of alleged non-compliance with Expert Witness Code of Conduct – report admitted on the voir dire Legislation Cited: Evidence Act 1995 Cases Cited: Dasreef Pty Limited v Hawchar [2011] HCA 21; (2011) 243 CLR 588 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.3767) 1. The Crown tenders a report of the witness Mr Barnes, which he prepared on 23 November 1985 ("the Report"). The Report refers to the bombing of the Kingdom Hall at Casula, which occurred on 21 July 1985.

The Witness 1. Mr Barnes has given evidence that, in his capacity as a member of the Metallurgy Division of the Ammunition and Armour Metallurgy Group of the Materials Research Laboratory of the Department of Defence ("MRL"), he was asked to attend the scene of the Kingdom Hall bombing and assist with the investigations which were then being carried out. 2. Having regard to his qualifications and experience, his role, and the organisation of which he was a part, Mr Barnes' concern at the scene was to undertake examinations, and then later to examine and establish the nature and componentry of the bomb fragments which had been recovered from the explosion which occurred at the Kingdom Hall.