Director of Public Prosecutions v Bandali Michael Debs and Jason Joseph Roberts

[2002] VSC 513

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. 26

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 513

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Criminal law and procedure – murder – expert evidence – admissibility of transcripts of covert tape recordings.

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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 with Mr G. Georgiou	Victoria Legal Aid
For the accused Roberts	Mr I.D. Hill QC with Ms S.K. Dawes	Lethbridges

HIS HONOUR:

1. I consider that I should not vacate the status I gave to Professor Butcher's transcripts as being an exhibit in their own right, namely Exhibit R3.  I consider that Professor Butcher's scientific qualifications are appropriate to justify reception of the material in its own right, consonant with the criteria in Clark v Ryan[1] at 490-491 per Dixon, C.J., and other well-known authority.  Professor Butcher's transcripts, of course, do not bind the jury.  They are simply the transcripts produced by Professor Butcher in his expertise.  The jury has the original data, which are the CDs, which have been tendered.  The jury also has the aid of the transcripts of Detective Sergeant Thomas who by reason of familiarity and constant application of mind has produced the transcripts which he has produced.

   [1](1960) 103 C.L.R. 486

1. Accordingly, I will not vacate the status I gave to Professor Butcher's transcripts as an exhibit.  I must say I do not think the jury will be determining this trial on the fact that one is an exhibit and one is not.  The jury will act on the evidence, which primarily is the sounds on the CDs in any event.

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