IN THE SUPREME COURT OF NEW SOUTH WALES

SYDNEY REGISTRY

CRIMINAL AND SPECIAL  DIVISION

S00000 of 2002

________________________

AFFIDAVIT

Deponent: JULIA KEEN

Sworn: 21 March 2002

Filed for FRED BLOGGS

________________________

REGINA

V

FRED BLOGGS

(Accused)

AND

JOE BLOGGS

(Accused)

 

Julia Keen,

Solicitor,

175 Liverpool Street,

Sydney 2000

DX 9999

SYDNEY DOWNTOWN

Telephone: 9267 1234

Facsimile: 9267 1234

 

On 21 March 2002 JULIA KEEN of 175 Liverpool Street, Sydney, Solicitor, say on oath:

  1. I am the solicitor of the accused Fred Bloggs.
  2. On my understanding of the Crown case, it is alleged that the accused Fred Bloggs and the accused Joe Bloggs together committed an armed robbery, and in the course of that armed robbery a gun held by one of them discharged, killing a customer.
  3. The evidence against the accused Fred Bloggs consists solely of identification evidence of two bank tellers who are alleged to have identified the accused Fred Bloggs from a selection of photographs.
  4. The evidence against the accused Joe Bloggs includes a electronically recorded record of interview in which the accused Joe Bloggs admitted committed the robbery with Fred Bloggs, but nominates Fred Bloggs as the person who had the gun which discharged. 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. 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.
  7. It is in the interests of justice for the accused Fred Bloggs to be tried separately from the accused Joe Bloggs.

Sworn at

Sydney

before me: