IN THE DISTRICT COURT
OF NEW SOUTH WALES
(CRIMINAL JURISDICTION)
AT SYDNEY

 

FILE NO. 02/11/0391

REGINA

v

FRED BLOGGS

AFFIDAVIT

On 1 March 2002 I, JULIA KEEN of 175 Liverpool Street, Sydney, in the State of New South Wales, Solicitor, make oath and say as follows:

1/. I am the solicitor instructed by the accused Fred Bloggs in this matter.

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

SWORN by the Deponent )
on the first day above )
mentioned at Sydney )
before me: ) ...........................................



.................................................

(Justice of the Peace/Solicitor)