An interpreter who has acquired familiarity with voices on recordings through repeated listening during the translation process may qualify as an 'ad hoc expert' under s 79 of the Evidence Act 1995 (NSW) for the purpose of voice identification and comparison evidence. Section 78 of the Evidence Act does not render such evidence admissible as lay opinion where the opinion is the primary evidence rather than incidental to understanding the witness's perception of a relevant matter or event. The three principles governing judicial comment on an accused's failure to give evidence stated in R v OGD (1997) 98 A Crim R 151 were confirmed and applied.
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