Director of Public Prosecutions v Bandali Michael Debs and Jason Joseph Roberts
[2002] VSC 512
•20 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
JUDGE: | Cummins J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 20 November 2002 | |
CASE MAY BE CITED AS: | DPP v Bandali Michael Debs and Jason Joseph Roberts | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 512 | |
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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 consider that Mr Rapke is entitled to have Exhibit 91 (for identification) played during his final address as he professionally judges appropriate.
I consider that if the jury ask a question during their deliberations and wish to hear that part of the evidence of Professor Butcher at pp.6450-6452 they are entitled to have Exhibit 91 (for identification) played in being reminded of that evidence.
I would like to consider further whether Exhibit 91 should be tendered absolutely. I think some questions of law arise in relation to it and I would like to reflect overnight upon whether it properly can be tendered absolutely.
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