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COURT DETAILS |
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Court |
District Court of New South Wales |
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Division |
Criminal |
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Registry |
Sydney |
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Case number |
02/11/0391 |
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TITLE OF PROCEEDINGS |
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Prosecutor |
REGINA |
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First accused |
FRED BLOGGS And |
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Second accused |
JOE BLOGGS |
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FILING DETAILS |
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Filed for |
JOE BLOGGS (First Accused) |
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Legal representative |
Julia Keen, Solicitor |
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Contact name and telephone |
Julia Keen, 9267 1234 |
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Contact email |
JuliaKeen@hotmail.com |
[on separate page]
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AFFIDAVIT |
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Name |
JULIA KEEN |
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Address |
175 Liverpool Street Sydney |
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Occupation |
Solicitor |
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Date |
20 March 2002 |
I affirm:
1 I am the solicitor appearing for the accused Joe Bloggs.
2
On my understanding of the Crown case, it will be alleged that the
accused Fred Bloggs committed an armed robbery with
his brother Joe Bloggs at the National Australia Bank
at Phillip Street Sydney on 1 April 2001.
3
The evidence against the accused Fred Bloggs
consists solely of evidence of bank security photographs of the robbery, which
it is alleged depict photographs of a robber similar in appearance to the
accused Fred Bloggs.
4
The case against the accused Joe Bloggs includes evidence of an electonically
recorded record of interview in which he implicates himself and the accused
Fred Bloggs in the armed robbery. A copy of the
transcript of the Record of Interview is annexed hereto and marked 'A'.
5
The evidence against the accused Fred Bloggs is significantly from and different to the evidence
against the accused Joe Bloggs.
6
The electronically recorded record of
interview of the accused Joe Bloggs contains material
which is inadmissable against the accused Fred Bloggs, but which is admissible against the accused Joe Bloggs. In particular I refer to Q
152-162. This material is highly prejudicial to the accused Fred Bloggs.
7
There is a real risk that the weak
Crown case against the accused Fred Bloggs will be
made immeasurably stronger before a jury by the admission of this highly
prejudicial material.
8
It is in the interests of justice for the
accused Fred Bloggs to be tried separately from the
accused Joe Bloggs.
.
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AFFIRMED at SYDNEY |
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Signature of deponent |
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Name of witness |
Tony Garibaldi |
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Address of witness |
175 Liverpool Street Sydney |
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Capacity of witness |
Solicitor |
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And as a witness, I certify the following matters concerning the
person who made this affidavit (the deponent):
1
#I
saw the face of the deponent. [OR, delete whichever
option is inapplicable] #I did not see the face of the deponent
because the deponent was wearing a face covering, but I am satisfied that the
deponent had a special justification for not removing the covering.[*] 2
#I
have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable] #I have confirmed the
deponent’s identity using the following
identification document: |
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Identification
document relied on (may be original or certified copy)[†] |
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Signature of witness |
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Note:
The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.
[[*] The only
"special justification" for not removing a face covering is a
legitimate medical reason (at April 2012).]
[[†] "Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011 or refer to the guidelines in the NSW Department of Attorney General and Justice's "Justices of the Peace Handbook" section 2.3 "Witnessing an affidavit" at the following address: http://www.jp.nsw.gov.au/Documents/jp%20handbook%202014.pdf ]