R v Coss (No 7)

HIS HONOUR: The accused Bruce Coss is currently on trial for the murder of Darren Willis. Robert Stonestreet has been called to give evidence in the Crown case. The evidence of Mr Stonestreet relates to events immediately surrounding the acts relied on by the Crown to prove the charge of murder against the accused.

It became apparent in the course of Mr Stonestreet giving evidence that some of what he had to say would tend to prove that he had committed an offence against Australian law. The offence or offences presently relevant relate to possession and use of prohibited drugs, particularly cannabis. The evidence of the use of that drug by the witness and by others present that night potentially goes beyond the possession and use of the drug and into the providing of that drug between the persons present that night.

I formed the view that the evidence did tend to incriminate the witness with respect to offences under the Drug Misuse and Trafficking Act 1985 (NSW). Mr Stonestreet was informed of his right to object pursuant to s 128 of the Evidence Act 1995 (NSW). Having been informed of that right, Mr Stonestreet chose to object to giving the evidence. I found, for the reasons already indicated, that there were reasonable grounds for the objection. That being the case, s 128(3) provides:

Ultimately Mr Stonestreet appeared to understand that while he had a right to object to giving the evidence, he could nonetheless willingly give the evidence without being compelled to do so but would, pursuant to s 128(3), obtain the benefit of a certificate. Mr Stonestreet opted to take that course.

For the reasons I have given, I determined that it is appropriate that Mr Stonestreet be provided with a certificate pursuant to s 128 of the Evidence Act. I note that I am satisfied that, having been given an explanation as to the nature of the certificate, Mr Stonestreet understood the effect of the certificate.