Event and Time
Event Description
On 18 August 2018, Mr. Lu was involved in a fatal collision involving ten-year-old Jack Power, who was crossing a pedestrian-crossing while the vehicle traffic lights were allegedly red. Witnesses, including Brina Ignatidis, reported varying accounts about the color of the pedestrian light prior to the incident.
Application and Claims
The prosecution sought to admit hearsay evidence from two witnesses regarding what they heard Brina say immediately after the accident, claiming it relevant per Section 66 of the Evidence Act 2008 (Vic). The defense objected on grounds of relevance and the potential exclusion of the evidence under Section 137 of the Act.
Judicial Decisions
The court ruled that the hearsay evidence was admissible under Section 66 and not excluded under Section 137, deeming it relevant and possessing high probative value despite its hearsay nature.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Claims:
- The evidence was relevant to the fact in issue — whether the pedestrian light was green when the children crossed. - The hearsay evidence should be admitted per Section 66 as it was fresh in Brina's memory shortly after the collision.
- Defense's Arguments:
- Asserted the evidence's lack of relevance as it did not directly address the proximity of the children to the vehicle at the time of the incident. - Claimed the evidence was weak and tenuous, with the witnesses potentially influenced by each other. - Emphasized the inability to test the reliability of the witnesses due to inadequate police investigation and the absence of corroborative evidence from Brina's mother.
- Key Witnesses:
- Jennifer Green: Heard the children assert they had the green light but discussed the situation with Lennon Jones, creating possibilities of contamination in her account. - : Provided similar testimony but acknowledged uncertainty in his recollection of the children's specific words. - : Reportedly said the pedestrian light was green but was not directly questioned about her statements to her mother at the scene.