Hamill J ruled on the admissibility of four intercepted 'gaol calls' between two co-accused charged with murder, admitting two calls and excluding two. The call discussing details of the underlying gun transaction (9 December 2022) was admissible as relevant to motive notwithstanding guilty pleas to related counts, and the call in which one accused relayed police interest in a vehicle and a co-accused's nickname (30 April 2023) was admissible as evidence of consciousness of guilt and the ongoing relationship between the accused. Two calls concerning the whereabouts of a witness (13 January and 21 March 2023) were excluded under s 137 because their limited probative value was outweighed by the danger of unfair prejudice, particularly the risk of jury speculation about unrelated criminal activity.
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