WEDNESDAY, NOVEMBER 21, 1984
16
NEW LAW REDUCES COURT TIME
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A NEW PROCEDURE WHICH WILL REDUCE THE TIME SPENT ON THE HEARING OF EVIDENCE IN THE MAGISTRATES COURTS IN RESPECT OF INDICTABLE OFFENCES WAS APPROVED BY THE LEGISLATIVE COUNCIL TODAY.
UNDER THE MAGISTRATES (AMENDMENT) (NO. 2) BILL APPROVED TODAY, EVIDENCE AT A PRELIMINARY HEARING MAY BE REDUCED TO WRITING AND READ OVER BY THE WITNESS AND THE PARTIES WHILE THE HEARING OF OTHER EVIDENCE IS CONTINUING.
MOVING THE SECOND READING OF THE BILL, THE ACTING ATTORNEY GENERAL, THE HON. JEREMY MATHEWS, HAD SAID THAT THE LAW REQUIRED THAT THE EVIDENCE OF A WITNESS BE READ BACK TO HIM IN COURT AND BE SIGNED BY HIM.
IN AN ENQUIRY AT PRESENT PROCEEDING, IT WAS ESTIMATED BY SOME COUNSEL INVOLVED IN THE CASE, INCLUDING SENIOR CROWN COUNSEL THAT THE HEARING OF EVIDENCE WOULD TAKE 14 WEEKS AND THAT THE RECORD OF THAT EVIDENCE WOULD OCCUPY ABOUT 9 000 PAGES.
IF THE EVIDENCE WERE READ BACK TO WITNESSES, IT WAS ESTIMATED THAT THE PROCEDURE COULD LENGTHEN THE HEARING BY AN ADDITIONAL SIX WEEKS.
+ALL THE COUNSEL REPRESENTING THE PARTIES AND THE PRESIDING MAGISTRATE IN THIS CASE HAVE STATED THAT IT WOULD BE SENSIBLE TO ADOPT A PROCEDURE IN WHICH, AFTER THE EVIDENCE OF A WITNESS HAD BEEN RECORDED IN SHORTHAND AND TRANSCRIBED, THE WITNESS AND COUNSEL WOULD READ THE TRANSCRIPT SEPARATELY FROM THE COURT PROCEEDINGS AND THEN THE WITNESS WOULD, ON OATH, CONFIRM THE ACCURACY OF THE TRANSCRIPT.
+THIS WOULD AVOID THE NEED TO OCCUPY THE TIME OF THE COURT AND COUNSEL BY HAVING THE EVIDENCE READ ALOUD AND WOULD SAVE A GREAT DEAL OF EXPENSE, HE SAID.
HOWEVER, IT WAS LATER FOUND BY SENIOR CROWN COUNSEL, DURING PROCEEDINGS BROUGHT IN THE HIGH COURT FOR A DECLARATION THAT THIS PROCEDURE WAS PERMITTED BY LAW, THAT THIS ALTERNATIVE PROCEDURE WAS NOT PERMISSIBLE IN LAW.
THIS ACCORDED WITH THE VIEW OF THE CHIEF JUSTICE AND THE OTHER JUDGES HEARING THE CROWN'S APPLICATION, WHO EXPRESSED THE IR REGRET THAT THEY HAD BEEN UNABLE TO REACH A FINDING THAT THE ALTERNATIVE PROCEDURE MIGHT PROPERLY BE USED, HE SAID.
THE JUDGES