DPP v Dupas (Ruling No 9)
[2007] VSC 319
•12 July 2007
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
CRIMINAL DIVISION
No. 1533 of 2006
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PETER NORRIS DUPAS |
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Ruling No. 9
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 12 July 2007 | |
CASE MAY BE CITED AS: | DPP v Dupas | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 319 | |
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Criminal law and procedure – murder – provision of material to defence by prosecution.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr C. Hillman SC Mr A. Lewis | Office of Public Prosecutions |
| For the Accused | Mr D. Drake Mr M. Regan | Victoria Legal Aid |
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Ruling No. 9
HIS HONOUR:
I am quite satisfied that the prosecution is providing the defence in as timely fashion as can be, material which progressively comes to light given the position of the defence as informed to Mr Hillman late last month. As I said to Mr Drake, and I repeat, I will certainly ensure that he has all proper time to prepare his cross-examination and the presentation of his case. We will see how we go in the first couple of days and if there are any further difficulties, I will deal with them and I hope assist Mr Drake.
In relation to the telephone log of Constable Wilcox, that Mr Angelo Gorgievski said that he “found the car but there is no body”, the question of the admissibility of that log or the oral evidence of the officer who made the log is premature at the moment. It will have to wait upon what is the answer of Mr Gorgievski, who apparently will be called on Monday.
Plainly, of course, it can be and I presume will be put to that witness that he said it and I will then determine what is the next evidentiary step depending upon the answer, on Monday.
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