Hamill J ruled on the admissibility of various out-of-court statements attributed to the accused Tuli in a joint murder trial, applying s 137 of the Evidence Act 1995 (NSW). Statements establishing Tuli's knowledge of the gun 'rip', motive, participation in the joint criminal enterprise, and post-shooting admissions were admitted as having high probative value with limited unfair prejudice. However, evidence of Tuli's threats to harm or shoot Witness D was excluded unless established to have occurred before the shooting of the deceased, on the basis that post-shooting threats carried a high risk of impermissible tendency or bad character reasoning that outweighed their probative value and could not be cured by judicial direction.
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