CRIME — application for adjournment — prosecutor’s obligation of disclosure — material disclosed in related Victorian proceedings which has not been disclosed in these proceedings — untranslated material in Mandarin — whether non-disclosure would create a risk of an unfair trial — potential for the accused to uncover evidence that may materially assist his defence
Quick Take
1Where material has been disclosed by the prosecution in related proceedings in another jurisdiction involving persons akin to co-accused, and there are significant factual similarities between the proceedings, the prosecution's duty of disclosure extends to that material in the current proceedings; failure to disclose creates a significant risk of an unfair trial.
2A keyword search methodology applied to voluminous untranslated foreign-language material by an investigator who does not understand that language is insufficient to discharge the prosecutorial duty of disclosure, because there remains potential for the accused to uncover materially exculpatory evidence from the untranslated material.
3Where partial disclosure has already occurred and outstanding material will be provided in electronic searchable format, an adjournment sine die is not warranted; a relatively short adjournment to allow disclosure and review suffices.
