District Court of South Australia
(Criminal)
R v MCNAMARA & PITMAN
[2019] SADC 128
Reasons for the Verdicts of His Honour Judge Boylan
3 September 2019
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE - PERVERTING THE COURSE OF JUSTICE
First accused charged with theft (10); aggravated theft (7) and of using fabricated evidence in judicial proceedings (16). Second accused charged with one count of using fabricated evidence in judicial proceedings - part of same offending. Two previous jury trials miscarried - election for trial by judge alone.
Held: First accused guilty of all 33 counts- proved beyond reasonable doubt. Second accused - prosecution unable to prove beyond reasonable doubt accused had knowledge of investments - not guilty.
R v MCNAMARA & PITMAN
[2019] SADC 128Reasons for verdicts
Stephen Patrick McNamara is charged with 10 counts of theft, 7 counts of aggravated theft and 16 counts of using fabricated evidence in judicial proceedings. Philip John Pitman is charged with one count of using fabricated evidence in judicial proceedings. After two jury trials had miscarried, the accused elected for trial by judge alone. I heard the trial and now give reasons for my verdicts.
As the Information is lengthy, I attach a copy of it to these reasons.
History of proceedings
This matter has an unfortunate history. A trial, before Judge Muscat and a jury, began on 2 July 2018 but, after five days, his Honour was obliged to declare a mistrial and discharge the jury. A new jury trial began (‘the second trial’) before me on 6 May 2019. During the first two weeks of that trial, I discharged two jurors as they were unwell. On 27 May 2019, the day that would have been the last day of the trial, I was obliged to discharge a third juror for the same reason. I then had no choice but to discharge the remaining 9 jurors and to declare a mistrial. The following day, without any opposition from the Director of Public Prosecutions, both accused filed applications for trial by judge alone, applications which I granted. The accused were re-arraigned and pleaded not guilty. I then embarked upon this trial, without a jury. Mr Foundas, for the prosecution, asked me to receive the transcript of his opening in the second trial as his opening in this trial; he then tendered all the evidence adduced by the prosecution in the second trial. He asked me to treat his final address in that trial as his address in this trial.
Mr Caldicott, for the accused Mr McNamara, followed the same course; he tendered Mr McNamara’s evidence in the second trial and asked me to rely on the transcript of his final address in that trial.
Mr Redmond, for the accused Mr Pitman, had not addressed before I discharged the jury. Accordingly, he addressed me in this trial on the basis of the evidence which had been tendered…
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- R v McNamara & Pitman [2019] SADC 128
- Case
- [2019] SADC 128
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the first accused was guilty of all the charges against him and whether the second accused was guilty of the charge of using fabricated evidence in judicial proceedings. Specifically, the court needed to determine if the prosecution had proven beyond reasonable doubt that the second accused had knowledge of the investments in question.
In reaching its decision, the court meticulously examined the evidence presented. It found that in relation to the first accused, the prosecution had successfully proven each of the charges against him beyond reasonable doubt. However, concerning the second accused, the court concluded that the prosecution had not proven beyond reasonable doubt that he had knowledge of the investments. Consequently, the court found the second accused not guilty of the charge against him.
The court’s final orders reflect the findings of guilt and acquittal. The first accused was found guilty on all 33 counts. The second accused was acquitted of the charge of using fabricated evidence in judicial proceedings. This decision underscores the importance of the prosecution meeting the high threshold of proof required in criminal cases, particularly when it comes to charges involving fabricated evidence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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