Intercepted telephone conversations referring to drugs in coded language are admissible in drug importation prosecutions where there is a sufficient nexus to the charged offence beyond mere propensity — the nexus may be established by the nature of the substance discussed, the timing relative to the importation, and the inference of future supply. Opinion evidence from a barrister as to the competence of trial counsel is unlikely to be admissible under s 79 of the Evidence Act 1995 (NSW) as it does not constitute specialised knowledge, and appellate courts are expected to determine such questions from their own judicial experience.
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