Friday, August 14, 2015

R v Rogerson; R v McNamara (No 14) [2015] NSWSC 1157


  1. These proceedings first came before me in April of this year. During the months of May and June, and as it turned out, into the month of July, I heard and determined a number of pre-trial applications which had been made by one or other of the parties. During the week of 13 July, it became apparent that there had been an increase in the number of applications which were to be brought on behalf of the accused McNamara, about which little or no notice had previously been given. As a consequence of the necessity to deal with those matters, it became necessary for me to put back the original trial date from 20 July 2015 until 27 July 2015. Even at that latter point there were pre-trial applications which remained to be determined. Nevertheless, the trial was in a position to commence.
  2. A jury of 15 persons was empanelled on 27 July and the Crown proceeded with his opening address which concluded the following day, July 28. Unfortunately, immediately following the conclusion of an opening address by Mr Waterstreet of counsel who then appeared for the accused McNamara, the jury was discharged. The reasons leading to my decision to discharge the jury on that occasion were, and remain, suppressed. The reason they were, and remain, suppressed, is because I have formed the view that to publicise them may have an adverse effect on the right of one of the accused to a fair trial.

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