Where the prosecution seeks to adduce hearsay evidence of a deceased accomplice under s 65(2)(d) of the Evidence Act 2008 (Vic), compliance with the section presupposes a substantial understanding of the circumstances bearing on reliability. Pervasive claims of public interest immunity that prevent disclosure of the accomplice's motives, benefits received, and interactions with police may render it impossible for the prosecution to discharge its burden of establishing that the representations were made in circumstances making it likely they are reliable. Prosecuting counsel bear a positive obligation to probe the soundness of public interest immunity claims where necessary to discharge this burden.
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