R v Simon Lees (No 2) (Verdict); R v Stuart Lewry (No 2) (Verdict)

The defendants, Simon Lees and Stuart Lewry, were on trial for the unlawful killing of Graham Lees and causing grievous bodily harm to Jan Wizbicki through negligent acts. The matter was heard in the Supreme Court of South Australia by the Honourable Justice Lowe, sitting alone. The primary legal issues revolved around the admissibility and reliability of expert evidence, particularly concerning the interpretation of medical evidence and the application of civil law principles to criminal liability.

The court examined whether the expert witnesses exceeded their areas of expertise, and if the hearsay exceptions adequately supported the admissions made. The prosecution's reliance on expert opinions was scrutinised for potential overreach and lack of first-hand evidence to back up second-hand admissions. The court also addressed the necessity of timely objections to expert evidence in a judge-alone trial and the failure to make a no-case submission, which affected the assessment of evidence. The trial further delved into the principles of criminal negligence manslaughter, including the duty of care, the adoption of civil law principles, and the assessment of individual liability in relation to causation and negligence.

Justice Lowe found that the prosecution's case was undermined by the unreliable nature of the expert evidence and the absence of a timely objection to the experts' overreach. The court determined that the evidence did not establish the defendants' liability for the unlawful killing or the grievous bodily harm beyond reasonable doubt. Consequently, both Simon Lees and Stuart Lewry were acquitted on all counts. The court did not issue any specific orders beyond the verdicts.