Published 24 June 2019
Witness evidence — cellphone expert — Criminal Disclosure Act 2008, ss 13, 34. In this pretrial matter the defendant objected to the Crown's attempts to introduce evidence at trial. The Crown intended to call an expert on cellphones, to give evidence relating to the whereabouts of the complainant at the time of the alleged offending. The Crown disclosed the evidence to the defence on the eve of the trial. The defendant argued that such late disclosure was prejudicial, as it compromised the ability of the defence to challenge either the expert witness or the evidence itself. The Court considered that the Crown could and should have disclosed the evidence earlier than it did. To allow the evidence to be introduced at such a late stage would be contrary to the interests of justice. The Court ruled that the evidence was not to be led. Judgment Date: 27 September 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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