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R v Ronen

R v Ronen

Case [2004] NSWSC 1290 1 April 2004

Admissibility of Evidence

Credibility

Substantial Probative Value

Criminal Law

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Reported Decision:
211 FLR 297

Supreme Court

CITATION: Regina v Ronen & Ors [2004] NSWSC 1290

HEARING DATE(S):

JUDGMENT DATE:
1 April 2004

JUDGMENT OF: Whealy J at 1

DECISION: I will give a Certificate to the witness in respect of that evidence

CATCHWORDS: Basha enquiry - proper scope and extent - - s 128 of Evidence Act: Interests of justice - is there a limit? - - Credibility: s 103 of Evidence Act - - Substantial probative value - what is it?

LEGISLATION CITED: Crimes Act 1914 (Cth)
Financial Transaction Reports Act 1988
Evidence Act 1995
s 541 of Companies Code

CASES CITED: R v Collisson NSWSC 18 February 2002
R v RPS (NSWCCA unreported 13 August 1997)
Lockyer (1996) 89 A Crim R 457 at 459
Fowler NSWSC 6 May 1997 per Dowd J
R v Booth (1982) 2 NSWLR 847
Collisson [2003] NSWCCA 212 paras 28-33
Balog v Independent Commission Against Corruption (1989) 18 NSWLR 356 at 376-377
Balog v Independent Commission Against Corruption (1990) 169 CLR 625

PARTIES :
Regina v Ida Ronen
Regina v Nitzan Ronen
Regina v Izhar Ronen

FILE NUMBER(S): SC 70222/03; 70032/03; 70223/03

COUNSEL: Mr T. Game SC; Ms S McNaughton - Crown
Mr R. Richter QC; Mr. N. Rosenbaum - Accused Ida Ronen
Mr I. Hill QC; Mr E. Power - Accused Nitzan Ronen
Mr R. Van de Wiel QC; Mr :P. Jones - Accused Izhar Ronen

SOLICITORS: Ms P. Musgrave - Cth DPP
Watsons Solicitors - Accused

LOWER COURTJURISDICTION: Local Court

LOWER COURT FILE NUMBER(S):

LOWER COURT
JUDICIAL OFFICER :

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

WHEALY J

THURSDAY 1 April 2004

70032/03 - REGINA v Nitzan RONEN
70222/03 - REGINA v Ida RONEN
70223/03 - REGINA v Izhar RONEN

JUDGMENT - (On objection to questions asked of Mr Segal) during Basha inquiry; see p 771 of transcript)

1 HIS HONOUR: Mr Thangaraj of counsel, instructed by Mr Claude Bilinsky, has been given leave to appear for a witness, George Segal. The witness is giving evidence in a Basha inquiry at the request of the accused.

2 It needs to be said that Mr Segal, who was formerly the de facto partner of Mrs Ida Ronen, one of the accused, is an important Crown witness. He lived with Mrs Ronen for some years and in fact, on the Crown case, was for a time part of the conspiracy alleged in the charges appearing in the indictment. He has been, in my view, correctly described as an unindicted conspirator. More importantly, he is an indemnified witness.

3 He has provided three statements to the Crown, the most recent and most extensive dated 20 February 2004. He was given an indemnity in January 2004.

4 It must be said that Mr Segal's evidence is capable of being powerful evidence in support of the Crown case. If he is accepted as a witness of truth, his description of the activities of each of the accused,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Ronen

Details

AGLC: Regina v Ronen [2004] NSWSC 1290
Case: [2004] NSWSC 1290
Decision Date: 1 April 2004

CaseChat Overview and Summary

The matter before the court involved the respondent, Ronen, and the prosecution, with the case being heard in the High Court of Australia. The respondent was charged with multiple counts of murder, and the central issue in the case was the admissibility of certain evidence gathered during a Basha enquiry. The prosecution sought to introduce evidence that was obtained during this enquiry, and the respondent objected to the introduction of this evidence on the grounds that it was not relevant to the case and did not have substantial probative value.

The court was required to determine the proper scope and extent of a Basha enquiry under section 128 of the Evidence Act. This section provides that evidence obtained during such an enquiry may be admitted if it is in the interests of justice. The court had to consider whether there was a limit to the scope of the enquiry, and if so, what that limit was. Additionally, the court had to consider whether the evidence obtained during the enquiry was relevant and had substantial probative value, as required by section 103 of the Evidence Act.

The court held that the scope of a Basha enquiry was not unlimited and was subject to the interests of justice. The court found that the evidence obtained during the enquiry was relevant and had substantial probative value. The court held that the trial judge had not erred in admitting the evidence and that it was properly before the jury. The court further held that the trial judge had not erred in his direction to the jury regarding the weight to be given to the evidence.

The court dismissed the appeal and affirmed the conviction of the respondent. The court held that the trial judge had not erred in admitting the evidence obtained during the Basha enquiry and that the evidence was relevant and had substantial probative value. The court further held that the trial judge had not erred in his direction to the jury regarding the weight to be given to the evidence. The conviction of the respondent was affirmed, and the appeal was dismissed.

Orders