Director of Public Prosecutions v Bandali Michael Debs and Jason Joseph Roberts
[2002] VSC 529
•27 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. 25 (continued)
JUDGE: | Cummins J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 27 November 2002 | |
CASE MAY BE CITED AS: | DPP v Bandali Michael Debs and Jason Joseph Roberts | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 529 | |
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Criminal law and procedure – murder – evidence – admissibility of sounds of covert recording played as part of question 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 have given further consideration, as I stated I would on the 20th November at p.6494, as to whether Exhibit 91 (for identification) should be received absolutely. I consider it should remain for identification. The exhibit only goes to the acceptance of Professor Butcher's expertise and opinion. The question, of course, is not evidence. As to track one, that is a repeat track which has the dangers of channelling and mesmeric effect. As to track two, that was not tendered by the prosecution during its case and cannot now be tendered.
I consider in all the circumstances I should not vary the ruling I made as to it remaining for identification. Even if technically the item can be said to be admissible, I consider as a matter of safety and as a matter of discretion I should not receive it absolutely.
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