Published 08 April 2019
Mode of evidence application — Evidence Act 2006, s 103 — right to fair trial. The Crown made an application for the complainant to give his initial evidence by way of a pre-recorded evidential video interview (EVI); and to give any further evidence, including cross-examination, from behind a screen (which the defendant can view through technology in the courtroom). The defendant was alleged to have committed aggravated robbery, together with kidnapping and possession of a knife and assault with intent to injure against a relative. It was alleged the defendant pressed a slug gun against the complainant's head and threatened to shoot unless the complainant handed over the keys to his car, which was allegedly to settle a debt to a gang. The defendant denied all the charges. The Judge ordered that evidence could be given by way of pre-recorded EVI, and further evidence from behind a screen. The Judge found that in balancing the views of the complainant, who was anxious and traumatised by the event, and the right of the defendant to have a fair trial, the defendant would not be prejudiced. Judgment Date: 20 March 2018.
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