R v Warwick (No.78) [2019] NSWSC 1531

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.78) [2019] NSWSC 1531 Hearing dates: 02 September 2019 Date of orders: 02 September 2019 Decision date: 07 November 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Notice of Motion dated 2 September 2019 dismissed. Catchwords: CRIMINAL PROCEDURE – Trial – Case management – calling of witnesses – adjournment Legislation Cited: Not Applicable 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) I Benson (Accused)

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co File Number(s): 2015/222068 Publication restriction: Suppression order in relation to the names of the Accused's wife and daughter: see R v Warwick (No.7) [2018] NSWSC 236.

Judgment 1. On 2 September 2019, after the luncheon adjournment, the lawyers for the Accused filed in court a Notice of Motion seeking various orders precluding the taking of any further witnesses and adjourning the trial for seven days. 2. The orders sought also included a list setting out the witnesses to be called in the next 14 days and more information from the Crown about the evidence to be relied upon to assist in preparation of cross examination of various witnesses. 3. In support of the Motion, the lawyers for the Accused relied on an affidavit sworn on 2 September 2019 by Elizabeth Ramsay, a partner in the legal firm of A R Conolly & Co ("the firm"). 4. The firm withdrew from acting for the Accused in January 2019. Since then, the firm has been acting on a pro bono basis for the Accused on various applications in the course of this year. On 27 August 2019, the firm filed a Notice of Appearance and have resumed acting for the Accused. 5. Having heard argument on the Motion, I made an order dismissing it. I indicated that I would give reasons for that order in due course. These are the reasons for the order made on that day.