Evidence (Audio and Audio Visual Links) Act 1999 (TAS)

In the Supreme Court of Tasmania, the matter of State of Tasmania v John Doe [2022] TASSC 50 was heard to determine the admissibility of evidence obtained through an audio-visual link under the Evidence (Audio and Audio Visual Links) Act 1999 (TAS). The primary legal issue was whether evidence given via an audio-visual link from a witness in New Zealand could be admitted in the court proceedings. This raised questions about the proper facilities required for such evidence and whether the statutory provisions were correctly followed.

The court found that the necessary facilities for audio-visual communication were indeed available and functional, meeting the requirements set forth in section 7 of the Act. The court also noted that the Tasmanian court had not abused its discretion in directing the use of the audio-visual link, as per section 6(2) of the Act. The court concluded that the evidence obtained via the audio-visual link was admissible, as it enabled both parties to see and hear each other effectively. The court further held that all procedural safeguards and legal protections were properly observed, and there was no prejudice to the defendant.

In light of the above, the court ruled that the evidence obtained via the audio-visual link was admissible and could be considered in the proceedings. The court dismissed the application to exclude the evidence, allowing the trial to proceed with the evidence as presented.