Part of Record of Interview Excluded
Monday, June 30th, 2008Our client was charged with a number of attempts to enter motor vehicles, gave a record of interview making admissions to these offences.
A pre-trial hearing proceeded on the basis that our client was drug affected at the time and the police had not put to our client the full facts of each offence as a matter of fairness.At one point he indicated he may be unable to continue with the record of interview and as the interview progressed made admissions to suggestions made by the police.
On 25 June 2008 His Honour Judge Martin SC ruled that much of the record of interview was inadmissible against our client on the basis of fairness principles outlined in the cases of R V Ireland (1970) 126 CLR321 and Bunning V Cross (1978) 141 CLR54.