R v Mackie (No 5)

In this case, the respondent, the Commonwealth, brought proceedings against the accused, Mackie, for various offences of trafficking in dangerous drugs. The trial judge admitted evidence of a telephone conversation between the deceased’s mother and the former partner of the accused, Bernhard Webber. The accused appealed the decision to admit the telephone conversation evidence. The High Court of Australia heard the appeal. The central issue in this appeal was whether the evidence of the intercepted telephone conversation was admissible. The accused argued that the conversation was inadmissible hearsay. The Commonwealth argued that the conversation was admissible under exceptions to the hearsay rule. The Court considered whether the conversation fell within the exceptions to the rule against hearsay evidence. The exceptions relevant to this case were the ‘former testimony’ exception and the ‘business records’ exception. The Court held that the conversation was admissible under the ‘former testimony’ exception, as the former partner was unavailable to testify and the conversation was made for the purpose of the investigation. The Court held that the conversation was also admissible under the ‘business records’ exception as it was made in the course of the former partner’s employment. The Court held that the evidence was relevant to the charges against the accused. The Court dismissed the appeal and affirmed the decision of the trial judge. The Court ordered that the evidence of the intercepted telephone conversation be admitted.