The Kings Valley Gang Trial adjourned prematurely today after the defence raised concerns about the non-disclosure of documents the Prosecution attempted to use during the evidence-in-chief of a Police officer.
The documents include several crime scene photographs that were taken by the Police during their investigations in October and November 2018 when six of the eight men on trial were charged.
The eight men are on trial for breaches of the anti-gang legislation and other crimes.
Today in the Home Circuit Court, an Assistant Superintendent of Police attached to the JCF’s Counter-Terrorism and Organized Crime Investigation Branch began giving evidence.
The ASP’s evidence is in relation to investigations over a number of months in 2018 which led to the arrest of the accused men.
The ASP during her evidence mentioned nine crime scene photographs that she told the court she had shown to one of the accused men on October 31, 2018 during a question and answer session.
The Prosecution sought permission to show the witness the nine photographs mentioned.
But at this point, the defence raised concerns saying they weren’t aware of the pictures.
Senior Counsel Donald Bryan says disclosure was never made to the defence.
The Prosecution admitted it hadn’t disclosed the material.
It also admitted to not having a good explanation for the non-disclosure of the nine crime scene photographs.
The Lead Prosecutor indicated they’d now take steps to have disclosure made while the defence attorneys were still in the benches.
But, Senior Counsel Bryan responding on behalf of the defence saying they’d need time to go through the material and seek further instructions from their clients.
Presiding Judge, Chief Justice Bryan Sykes expressed his disapproval at the non-disclosure.
He says the Prosecution would’ve known over a year ago that they would be using the photographs.
Chief Justice Sykes says he’s often heard of complaints that the Judges at Case Management Court are being difficult.
But, he says this is the result when Case Management Court isn’t efficiently utilized.
As a result of the non-disclosure, Chief Justice Sykes said there’d be a delay in the trial.
The afternoon session of today’s proceedings had to be adjourned to facilitate the disclosure of the new material and further preparation of the defence.
The matter is expected to continue tomorrow morning at 10.
