Evidence of an out-of-court statement by a witness reporting what an accused person said cannot be admitted under s 65(2) of the Evidence Act 1995 as first-hand hearsay; it is second-hand hearsay caught by the restriction in s 62. Where an accused waives committal proceedings under s 68 of the Criminal Procedure Act 1986, witness statements are not 'prescribed written statements' under s 289(1) and cannot be tendered under s 289(2) at trial. An objection to the whole of a document on discretionary grounds does not satisfy Rule 4 of the Criminal Appeal Rules for the purpose of raising a different admissibility objection to specific parts of the document on appeal.
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