Marsden v Amalgamated Television Services Pty Limited

HIS HONOUR: MFI 264 is a document acknowledged by Mrs Kirk to be her document in the sense that it is a document prepared by her as Mr Marsden's programme. It is a document that contains an entry for Wednesday 1 April 1998 relating to Silverwater Gaol.

The document, at present, is incapable by itself on any rational basis, of proving anything more than it was Mr Marsden's programme for that day to include a visit to Silverwater Gaol. It is incapable of proving, one, that he went there and, two, that he went there to see and, there, in fact saw Mr Les Murphy.

Mrs Kirk has no independent recollection of any visit by Mr Marsden on 1 April 1998 to Mr Les Murphy at Silverwater Gaol.

What has already become exhibit 238, what I will call a Mrs Kirk telephone message entry, is one relating to a call from Mr Murphy from Silverwater requesting assistance from the plaintiff.

The document, MFI 264, I am informed by Mr Stitt, is likely to enjoy a relevant evidentiary status, as I understand it, upon further cross-examination and in the light of material to come.

On that basis, it will be provisionally admitted under s 57 of the Evidence Act and marked as exhibit 239.