PJK v Police

In the matter of PJK v Police, the respondent applied for the complainant to be called as a witness at the committal hearing, for the purposes of cross-examination. The application was made under s 28A(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. The respondent sought to cross-examine the complainant about her use of the drug Tramadol, the effects of Tramadol during the events of 1 November 2010, and details of her conversations with WJ and WS. The respondent also sought to cross-examine WJ and WS about any additional evidence given by the complainant relating to “recent complaint” not canvassed in their statements. The application was opposed by the complainant and the witnesses WJ and WS.

The court was required to determine whether there were substantial reasons for the complainant to be called as a witness at the committal hearing for the purposes of cross-examination. The court had to consider whether there were substantial reasons for the witnesses WJ and WS to be made available for cross-examination at the committal hearing. The court also had to consider the public interest in the administration of justice, the rights of the parties and witnesses, and the need to ensure that the proceedings were fair and expeditious.

The court held that there were substantial reasons for the complainant to be called as a witness at the committal hearing for the purposes of cross-examination. The court found that the complainant’s use of Tramadol, the effects of Tramadol during the events of 1 November 2010, and details of her conversations with WJ and WS were relevant to the proceedings. The court also held that there were substantial reasons for the witnesses WJ and WS to be made available for cross-examination at the committal hearing. The court found that any additional evidence given by the complainant relating to “recent complaint” not canvassed in their statements was relevant to the proceedings.

The court ordered that the complainant shall be called as a witness at the committal hearing to be available for cross-examination regarding her use of the drug Tramadol, the asserted affects of Tramadol during the events of 1 November 2010, and details of her conversations with WJ and WS. The court also ordered that the witnesses WJ and WS shall be made available for cross-examination at the committal hearing regarding any additional evidence given by the complainant relating to “recent complaint” not canvassed in their statements.