NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v McCloskey; R v Hamalainen [2019] NSWSC 1175 Hearing dates: 20 August 2019 Date of orders: 26 August 2019 Decision date: 06 September 2019 Jurisdiction: Common Law - Criminal Before: Wright J Decision: The Court rules as follows: 1. Paragraphs 39, 40 and 43 of the statement of witness RS 1678789 of 24 August 2017 are admissible against RM and SH.
2. Paragraph 72 of the statement of witness RS 1678789 of 24 August 2017 is admissible against RM.
3. Paragraph 94 of the statement of witness RS 1678789 of 24 August 2017 is admissible against RM and SH.
4. Paragraph 101 of the statement of witness RS 1678789 of 24 August 2017 is inadmissible against RM.
5. Paragraph 109 of the statement of witness RS 1678789 of 24 August 2017 is inadmissible against RM.
6. Paragraph 22 of the statement of witness RS1633171 of 27 April 2016 is inadmissible against RM.
7. Paragraphs 25 and 30 of the statement of witness RS 1591297 of 2 August 2017 are admissible against RM and SH.
8. Paragraphs 77, 78, 84 and 85 of the statement of witness RS 1591297 of 2 August 2017 and any recordings of the conversation referred to in those paragraphs are inadmissible against SH.
9. Paragraph 95 of the statement of witness RS 1591297 of 2 August 2017 and any recordings of the conversation referred to in that paragraph are inadmissible against SH.
10. Paragraph 101 of the statement of witness RS 1591297 of 2 August 2017 is inadmissible against SH.
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