135.
154
11V
Court resumes at 11.20 a.m.
Appearances as before.
•
Mr. Hampton: Have discussed with Mr. Gunston and we both apply for
an adjournment of remainder of this morning's hearing until 2.30 p.m. also that witness Luk be dealt with
at that time.
Court adjourned to 2.30 p.m. today.
223
11th November 1975
224
(Sd.) A. Garcia District Judge
11.11.75.
Coram: A. Garcia, D.. in Court.
Court resumes at 2.30 p.m.
Appearances as before.
Mr. Hampton: Move that indictment or charge of conspiracy be quashed on grounds of non-compliance with Indictment Rules. Indictment Rules
require that any person referred to in a charge be named or alternatively sufficient information be given to identify him. Here we have a charge of conspiracy between several named persons and persons unknown. It is apparent from the evidence given in the case that names etc. at least of several of these alleged co-conspirators was known to the prosecution. This has emerged in cross-examination of the witnesses where they stated all the facts they told Court were contained in statements they gave to ICAC. Had their evidence been untrue that is if they never gave that information to ICAC it was duty of my learned friend to give defence the information. Important to measure the prejudice and disadvantage which flow to defence from this non-compliance. Quite clearly so bound up with admissibility of evidence to approach in cross-examination and numerous other matters this non-compliance in interests of justice require that that charge be quashed.
M
Mr. Gunston: I agree with what my friend has said.
must be known to the prosecution.
These names
No comments yet.
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