Where a statutory condition precedent to the admissibility of evidence under s 13BA of the Evidence Act 1929 (SA) has not been complied with, the question of whether the accused had a trial according to law is determined by whether the statutory conditions were met, not by whether the trial Judge (or jury) could put the inadmissible evidence out of mind. A trial Judge's self-direction to disregard inadmissible evidence that has been fully heard and considered cannot cure a fundamental procedural breach, particularly in credibility cases where the inadmissible evidence would have contributed to the overall assessment of the complainant. The proviso cannot be applied where there has been a clear breach of a fundamental statutory right of the accused (per [name withheld]), or at least cannot be applied where it was not possible for the Judge to have completely excluded the evidence from consideration (per [name withheld]).
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