The Court refused the Crown's application for a direction under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) permitting a key prosecution witness to give evidence by AVL in a murder trial. Hamill J held that where the witness's credibility was central and likely to be closely contested, where cross-examination would involve extensive documentary material creating logistical difficulties via AVL, and where the evidence of actual danger to the witness was scanty and police could provide adequate protection, the interests of the administration of justice and fairness to the accused favoured in-person testimony. The absence of direct evidence from the witness himself about his fears (as opposed to hearsay from the investigating officer) was a factor weighing against the application.
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