Director of Public Prosecutions v Baker (Ruling No.1)

Case

[2008] VSC 630

22 October 2008


IN THE SUPREME COURT OF VICTORIA Not Restricted
CRIMINAL DIVISION
No. 1637 of 2008
DIRECTOR OF PUBLIC PROSECUTIONS
v
NEIL ALLAN BAKER

Ruling No.1

JUDGE: CUMMINS J
WHERE HELD: Ballarat
DATE OF RULING: 22 October 2008
CASE MAY BE CITED AS: DPP v Baker (Ruling No.1)
MEDIUM NEUTRAL CITATION:  [2008] VSC 630

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APPEARANCES: Counsel Solicitors
For the Director of Public Prosecutions Mr M Gibson Office of Public Prosecutions
For the Accused  Mr M Rochford Victoria Legal Aid

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Ruling No.1

HIS HONOUR:

  1. I am satisfied on the evidence of Detective Senior Constable Forehan and the matters which have been placed before me including the depositional statement of the witness at p.149 of the depositions that the warrant ought issue. I am satisfied that Mr Pinkerton has failed to meet the requirement of the subpoena because he is unable to give evidence and accordingly I sign the warrant.

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