Marsden v Amalgamated Television Services Pty Limited

The evidence of Mr Lilburn came to an end in unusual circumstances. He was discharged by me on my own Motion (T4776.30). His cross-examination by Mr Barker Q.C. had not been completed. The documents comprising MFI 121 were so marked as documents then described (13 March 2000) as material that “ would have been the subject of cross-examination” .

The folder of material contains a Schedule headed “ LILBURN - DOCS HISTORY” . As now tendered the bundle is to be taken as not including the material in the first three categories. It commences with material relating to the enrolment of the witness at Corrimal High School in February 1988.

The Schedule itself I will regard as no more than by way of a “ submission” document setting out what it is contended for the plaintiff the tendered material establishes.

Objection was taken to the tender on the basis of irrelevance. I am not persuaded that that basis is made out. The material now the subject of tender records information in relation to physical location of the witness at high schools, in relation to Court appearances and custody and the like. On this material he was not cross-examined. It is relevant however to the times and places in respect of which Mr Lilburn (D.O.B. 17 September 1975) gave evidence.

The evidence relates to the age of the witness at the time he says he first met the plaintiff, namely between 14 and 16 (T4539.52); the age at which he left high school, namely between the age of 14 and 15 (T4537.29) and, in general terms, when and where the witness was when engaged in soliciting for prostitution at Kings Cross.

The tendered material is relevant to the determination of questions relating to where and when the witness was, what he was doing and a correlation of those events with what he asserts Mr Marsden did.

I therefore propose to admit the tendered material save for so much of it as relates to the period referred to in the Schedule from 4 September 1986 to 18 December 1986.

MFI 121 will become Exhibit FF.