R v Manuel (No 3)

[2015] NSWSC 1564

Supreme Court

New South Wales

Medium Neutral Citation:	R v Manuel (No 3) [2015] NSWSC 1564
Hearing dates:	12 – 15 October 2015
Date of orders:	15 October 2015
Decision date:	15 October 2015
Before:	Campbell J
Decision:	I issue a bench warrant for Mr Barrett Wilson to be brought before the Court as soon as possible
Category:	Procedural and other rulings
Parties:	Office of the Director of Public Prosecutions (Crown) Mr Dinky Gordon Manuel (Accused)
Representation:	Counsel: Mr P Lynch (Crown) Mr C Smith SC (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid (Accused)
File Number(s):	2013/138360

Ex tempore Judgment (revised)

1. I am satisfied that Mr Barrett Wilson has been duly served with a subpoena to give evidence by the officer‑in‑charge of the investigation in this case, Detective Senior Constable Lisa Krummer who is giving evidence before me currently. Her affidavit of service annexing the subpoena has been admitted on the voir dire as Exhibit VDB.

2. Detective Krummer's evidence is that Mr Wilson attended court in answer to the subpoena on Tuesday for the commencement of the trial. He was told that his evidence would not be reached on that day and asked to return yesterday. He failed to appear yesterday. He has been called outside the Court three times today in accordance with the usual practice and he has again failed to appear.

3. Mr Wilson's evidence is it likely to be material. He was at the premises at Unit 1, XX XXXXX X XX, Penshurst with the deceased and the accused in the early hours of 30 April 2013 where the deceased was killed. He was not present at the time of Mr Manuel's undisputed striking of the deceased, having left a couple of hours earlier. However, I am satisfied that his evidence is likely to be important in the case.

4. I am told by Detective Krummer that Mr Wilson is a person of no fixed abode, although he normally sleeps in XXXXX  Park. He also does voluntary work for a charity. Earlier today police officers sought to contact him at the meeting place for his work which I am told is on the corner of George St and Market St but he failed to attend this morning. From the evidence that he has been served, that he attended earlier, and his failure to appear, I am satisfied on the balance of probabilities, there being no evidence to suggest any illness, injury or misadventure befalling him, that his non‑appearance is without just cause or reasonable excuse.

5. As I have said he will probably be able to give relevant evidence in the proceedings. In these circumstances I direct that the registry issue a warrant authorising any police officer to bring Mr Wilson before the Court as soon as possible but in all events by 10am tomorrow in order that his evidence can be secured in this trial and I will relay that direction to the registry during the morning adjournment.

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Decision last updated: 21 October 2015