› Crown application to adduce statutory declaration of deceased witness as complaint evidence
› Crown argued s 65 exception to hearsay rule applied
› No elements of s 65(2) satisfied
› Even if the s 65 exception was made out, the evidence would have been excluded under s 137 due to the danger of unfair prejudice to the accused
› Evidence inadmissible.
Evidence
› Exclusion of evidence of finding of fact in an Australian proceeding
› Defence sought to adduce evidence to establish that the complainant was an unreliable witness
› Crown objected pursuant to ss 91 and 135
› Application of s 91 considered in relation to evidence before a horseracing Stewards inquiry
› Only those parts of the complainant’s evidence which were not elicited to prove, in these proceedings, the existence of facts in issue in those proceedings are inadmissible.
