Edit: Because of the case of DPP v Easwaralingam & Anor [2010] VSC 437 I've read through Darmody again recently. It is impossible to reconcile this magistrate's reasoning with the Court of Appeal's decision and the wording of cl 4(c) of Pt 2 the Dictionary of the Evidence Act 2008. In the pointed words of …
Continue reading DPP v Nicholls [2010] VSC 397: Exempted witnesses are unavailable