R v Edwards [2019] NSWSC 1819

Supreme Court New South Wales

Medium Neutral Citation: R v Edwards [2019] NSWSC 1819 Hearing dates: 28 October 2019 Decision date: 29 October 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: Evidence of conversation with police on 2 April 2015 admissible Catchwords: EVIDENCE — admissibility – trial on charge of murder – transcript of conversation between accused and police – Objection on basis of s 122 LEPRA – whether statements improperly obtained and liable to be excluded pursuant to s 138 Evidence Act – doubt as to applicability of s 122 – discretion to admit in any event Legislation Cited: Evidence Act 1995 (NSW), ss 138, 139 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 110, 122 Category: Procedural and other rulings Parties: Regina John Wallace Edwards Representation: Counsel: Ms K Ratcliffe (Crown) Mr P O'Connor (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) James Fuggle Rummery (Accused) File Number(s): 2017/184174

Judgment 1. HIS HONOUR: Mr John Edwards is to be tried on a charge that he murdered his wife, Ms Sharon Edwards, on or about 14 March 2015 at Grafton. 2. This judgment concerns the accused's objection as to the admissibility of a conversation he had with a police officer on 2 April 2015.

Factual background 1. The accused was the last known person to see his wife alive on the evening of Saturday 14 March 2015. His case is that he saw her at the home where she was living in Riverdale Court, Grafton, but that he then went to the home where he was living in Lawrence, about 30 km north-east of Grafton, towards Maclean. Ms Edwards was never seen again. The Crown case is that she is deceased, although her body has not been found. 2. The accused reported to Grafton police on Monday 16 March 2015 that his wife was missing. He gave an account of last seeing her on the Saturday evening. He was advised to return the following day which he did. That afternoon he took part in an electronically recorded interview in which he provided a detailed account. He described an argument with Ms Edwards at her home on the Saturday evening but nothing more. 3. Police inquiries continued. Crime scene warrants were issued and both Ms Edwards' home and the accused's home were subjected to detailed searching and examination. By 31 March 2015, police formed the view that Ms Edwards was deceased. 4. On 1 April 2015, the accused and his three sons attended Grafton police station to participate in a media appeal. 5. The accused went to Grafton police station with his son, Zac Edwards, on the evening of 2 April 2015, saying he wanted to talk to police. Detective Troy King recorded a conversation with him on a handheld recording device; that is, not the usual equipment for recording an "ERISP". [1] He confirmed with the accused at the outset that he had attended voluntarily; that he was not under arrest; and that he did not have to say anything. The accused acknowledged these things, but said that after speaking with his son he wanted to talk. He said, "I haven't quite told you everything that happened on, on Saturday night", a reference to the night his wife "went missing". 6. Thereafter, he said some things that the Crown relies upon as part of its circumstantial case.