R v Songcuan (No 2)

[2022] NSWSC 187

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Songcuan (No 2) [2022] NSWSC 187

Hearing dates:

28 February 2022

Date of orders:

28 February 2022

Decision date:

28 February 2022

Jurisdiction:

Common Law - Criminal

Before:

Dhanji J

Decision:

Order made for witness to appear by way of audio visual link.

Legislation Cited:

Evidence (Audio and Audio Visual Links) Act 1998 (NSW)

Evidence (Audio and Audio Visual Links) Regulation 2015 (NSW)

Category:

Procedural rulings

Parties:

Regina (Crown)
Engracio Songcuan (Accused)

Representation:

Counsel:
A Robertson (Crown)
B Royce with N Nelson (Accused)

Solicitors:
Solicitor for Public Prosecution (NSW) (Crown)
Chidiac Lawyers (Accused)

File Number(s):

2020/131543

Publication restriction:

Nil

EX tempore Judgment

1. HIS HONOUR: This morning the Crown has made an application that Dr Isabel Brouwer give evidence in these proceedings by way of audio visual link. That would be a link from the Lidcombe Coroner's Court to the Katoomba Supreme Court, where this trial will be held.

2. There is no opposition to the order being made on the part of the defence. As I have already indicated in my reasons with respect to other witnesses who will give evidence in this trial by way of audio visual link (see R v Songcuan (No 1) [2022] NSWSC 196), s 22C of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) applies as a result of the Evidence (Audio and Audio Visual Links) Regulation 2015 (NSW) providing 26 March 2022 as the prescribed date for the purposes of s 22C(9). As a result, I made orders pursuant to s 22C(4) order for appearance of a witness in these proceedings to be by way of audio visual link.

3. Before making the same direction here, I must be satisfied that it is in the interests of justice to do so pursuant to s 22C(6). That in turn requires me to consider the public health risk posed by the COVID-19 pandemic, the efficient use of available judicial and administrative resources, any relevant matter raised by a party to the proceedings and any other matter the court considers relevant. Of those, only the first two are presently relevant. I have had regard to the public health risk posed by the current pandemic and to the efficient use of available judicial and administrative resources in coming to my view that it is in the interests of justice that I make the order.

4. I therefore order that:

1. An audio visual link be established from the Supreme Court, Katoomba, in accordance with the following details:

The person:       Dr Isabel Brouwer

Remote location:   Lidcombe Coroner's Court;

Date from:     2 March 2022

Time from:     10am.

2. The Office of the Director of Public Prosecutions pay all reasonable costs associated with these arrangements.

3. The parties have liberty to apply on three days' notice in relation to the above orders.

**********

Amendments

13 March 2023 - Publication restricted lifted

13 March 2023 - Publication restriction lifted