Director of Public Prosecutions v Bandali Michael Debs and Jason Joseph Roberts
[2002] VSC 509
•14 November 2002
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1527 of 2001
| Director of Public Prosecutions |
| v |
| Bandali Michael Debs and Jason Joseph Roberts |
Ruling No. 22
JUDGE: | Cummins J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 14 November 2002 | |
CASE MAY BE CITED AS: | DPP v Bandali Michael Debs and Jason Joseph Roberts | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 509 | |
---
Criminal law and procedure – murder – evidence – admissibility.
---
APPEARANCES: | Counsel | Solicitors |
| For the Director | Mr J.W. Rapke QC with Mr P.B. Kidd and Mr J.J. Serong | OPP |
| For the accused Debs | Mr P.C. Dane QC | Victoria Legal Aid |
| For the accused Roberts | Mr I.D. Hill QC | Lethbridges |
HIS HONOUR:
I consider this is relevant and admissible. The questions and answers are already in evidence. It is available to the prosecution in my view properly to put to the jury that which Mr Rapke has latterly said in submission to me, namely that the purport of Mr Debs’ statement is that he had a lifestyle which involved not going out after 10 pm and that as a consequence he was not out on the night of the murders. It is, I consider, open to the prosecution to seek to demonstrate that that is untrue and thus remove that plank of reasoning of Mr Debs’. That can be done by the proposed evidence of this witness.
Unless there is objection upon this subsequent point, I think the witness ought to say just that he has the information as proposed by Mr Rapke and say nothing further. Certainly no extraneous criminality ought to be referred to directly or implicitly.
-------
0
0
0