Director of Public Prosecutions v Bandali Michael Debs and Jason Joseph Roberts
[2002] VSC 459
•23 October 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. 13
JUDGE: | Cummins J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 23 October 2002 | |
CASE MAY BE CITED AS: | DPP v Bandali Michael Debs and Jason Joseph Roberts | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 459 | |
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Criminal law and procedure - murder - evidence – re-examination – permissibility of re-examination on matters raised in cross-examination.
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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 Mr Dane's objection is misconceived. Plainly if something was not led in chief and was not dealt with in cross-examination Mr Rapke would not be permitted to initiate fresh material in re-examination. However, if something is not dealt with in chief and is joined in issue in cross-examination, plainly it can be then dealt with in re-examination. That has here occurred on a number of occasions. One was the assaulting of the second accused at the time of his first arrest on 25 July 2000. That was raised in cross-examination and can be dealt with in re-examination. Likewise the inappropriate procedure, as suggested in cross-examination, of the allocation of Detective Sergeant Butterworth to the identification process of Ms Coffman on 27 October 1999. There are obviously a number of other instances of the same principle in law, namely that if something is joined in issue in cross-examination or is introduced in cross-examination it can be dealt with in re-examination.
I am quite sure that the prosecution is sensitive to not eliciting material that we have all sought to keep out of the trial, such as Mr Ghiller, and I think that can be left in the very able hands of counsel.
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