Form 40 (version 5)
UCPR 35.1

AFFIDAVIT OF JULIA KEEN AFFIRMED ON 20 MARCH 2002

COURT DETAILS

Court

District Court of New South Wales

Division

Criminal

 

 

Registry

Sydney

Case number

02/11/0391

TITLE OF PROCEEDINGS

Prosecutor

REGINA

 

 

 

 

First accused

FRED BLOGGS

 

And

 

Second accused

JOE BLOGGS

FILING DETAILS

Filed for

JOE BLOGGS (First Accused)

Legal representative

Julia Keen, Solicitor

 

 

Contact name and telephone

Julia Keen, 9267 1234

Contact email

JuliaKeen@hotmail.com


[on separate page]

AFFIDAVIT

Name

JULIA KEEN

Address

175 Liverpool Street Sydney

Occupation

Solicitor

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.

.

AFFIRMED at

SYDNEY

 

Signature of deponent

 

Name of witness

Tony Garibaldi

Address of witness

175 Liverpool Street Sydney

Capacity of witness

Solicitor

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 deponents identity using the following identification document:

 

Identification document relied on (may be original or certified copy)[]

Signature of witness

 

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 ]