R v Choi (No 2)

The appellant, Choi, was convicted of seven counts of sexual offences. The prosecution’s case relied on the testimony of several witnesses, some of whom were overseas. The Crown sought to have the witnesses give evidence via audio-visual link, which was permitted by the special COVID-19 provisions of the Evidence Act. Choi argued that the use of the special provisions was improper and that the trial was unfair. Choi appealed against his conviction on the grounds that the evidence obtained via audio-visual link was inadmissible and prejudicial. The appeal was heard by the High Court of Australia.

The appeal raised two primary issues. The first was whether the special COVID-19 provisions of the Evidence Act could be applied to witnesses who were overseas. The second was whether the use of these provisions was prejudicial to the appellant and whether the trial was unfair. The court had to consider the legislative framework and whether the provisions were consistent with the common law principles of fairness and justice. The court also had to determine whether the special provisions were consistent with the principles of natural justice and whether they provided sufficient safeguards to protect the rights of the accused.

The court held that the special COVID-19 provisions of the Evidence Act could be applied to witnesses who were overseas. The court found that the provisions were consistent with the common law principles of fairness and justice. The court also found that the provisions provided sufficient safeguards to protect the rights of the accused, and that the use of the provisions did not render the trial unfair. The court held that the trial judge had exercised his discretion correctly in allowing the witnesses to give evidence via audio-visual link. The appeal was dismissed.

No orders were made.