http://www.abc.net.au/news/2014-10-...th-prosecutors-to-supply-key-evidence/5804418
From this news report published on 10th October 2014, it says
Magistrate Kerry McGee adjourned the matter until January 12 for a committal mention.
Then this news report
http://www.brisbanetimes.com.au/que...th-gable-tostees-lawyers-20141203-11zeeg.html published on 3rd December, 2014 its says
Investigators are expected to complete their full brief of evidence against Mr Tostee by April, with a trial likely to occur in 2016.
Now, according to the Queensland Government (Department of Justice and Attorney General) website,
http://www.justice.qld.gov.au/justi...-in-court/magistrates-court/committal-hearing the definition of a Committal Hearing is given -
Committal hearing
The magistrate's role is to decide if there is sufficient evidence on which a jury could convict to send the defendant to trial in the District Court or Supreme Court.
the prosecutor will present the case against the defendant and call witnesses to obtain their evidence
the defence lawyer or defendant may cross-examine these witnesses
the magistrate may invite submissions
after hearing all the evidence the magistrate will decide if there is sufficient evidence to put the defendant on trial
if satisfied the magistrate will charge the defendant
the magistrate will warn the defendant and then ask the defendant if they want to say anything in answer to the charge or enter a plea
if they plead not guilty, the defendant is committed for trial in the District Court or Supreme Court
if they plead guilty, the defendant is committed for sentencing
if there is not enough evidence the magistrate will dismiss the case.
I am just summising that the Police is still preparing their full brief of evidence which will be ready by April 2015, but at the Committal hearing January 2015, the Magistrate is going to deliberate whether there is sufficient evidence for the charge of Guilty (at this stage) and it just feels the Police should have the full brief of evidence by the Committal hearing, right?
Because, according to this other link from the same website
http://www.justice.qld.gov.au/justi...before-a-summary-hearing-or-committal-hearing
Before a summary hearing or committal hearing
Before you attend your summary or committal hearing you should:
get a copy of the prosecutor's brief of evidence
get legal advice
gather additional facts and evidence
decide if you will give evidence
organise your witnesses
attend your review mention
prepare for a guilty verdict.
Get a copy of the prosecutor's brief of evidence
In addition to the QP9 form, you need to know what the prosecutor will try and prove in court and whether you have a defence.
The police will prepare a brief of evidence that could contain things like:
witness statements
video footage
medical evidence.
You should write to the prosecutor and ask for a copy of the brief of evidence at least 14 days before the next mention date.
Contact your lawyer or Legal Aid Queensland if you have trouble getting a copy.
Get legal advice
Once you have the brief of evidence, seek legal advice to:
understand the elements of the offence that the police have to prove
highlight the brief of evidence for parts you agree and disagree with or can show to be wrong.
For information on legal advice contact:
Legal Aid Queensland
Queensland Law Society.
Gather additional facts and evidence
The magistrate makes a decision based on the evidence presented during the hearing.
Evidence can be:
what is said by yourself or defence witnesses in the witness box
exhibits including any objects, diagrams, photos, video footage, letters etc.
When preparing your evidence, remember:
write down your version of events and if you choose to give evidence,
practice what you want to say to the magistrate
if you go back to the scene of the alleged offence to gather evidence,
make sure you record the date and time of your visit label any photographs on the back to explain what they relate to and ask your witnesses if they agree with your description of the photos
make two copies of everything. The original goes to the magistrate and you need to provide a copy to the police prosecutor.
Decide if you will give evidence
You do not have to give evidence, and should seek legal advice to help you carefully consider this option.
If you want to give evidence:
you will have to go into the witness box or 'take the stand' and give your evidence under oath or affirmation
the police can cross-examine you.
If you decide not to give evidence:
you or your lawyer can question the police and the police witnesses about the evidence they have provided
you cannot address the court to provide your version of events.
Organise your witnesses
The purpose of defence witnesses is to confirm your version of events in court.
Witnesses mainly appear in summary hearings and trials, but usually do not appear in committal hearings.
Witnesses can also be recognised experts such as doctors or engineers, who give their opinion if needed.
You will need to arrange for your witnesses to attend court. Witnesses can also provide a sworn statement, but they must be available to go to court to be cross-examined.
If they refuse to come, you can subpoena them, through arranging for the court to send a summons to witness. This document demands a person comes to court to give evidence or produce relevant documents.
This process will cost money and you should seek legal advice.
Attend your review mention
You have to go to a review mention before your summary hearing or committal hearing. This is when you tell the magistrate you are ready to go to a hearing.
At the review mention, the magistrate will ask you:
if you have finalised whether you will plead guilty or not guilty
if you have organised witnesses
what type of evidence you will be providing
if you have received the brief of evidence.
Prepare for a guilty verdict
Even though you have pleaded 'not guilty', the court may find you guilty. You need to consider what you would say to the court about any sentence they give you.
Shouldn't the logical sequence be have the full brief of evidence ready, then have the Committal Hearing? Would love to have some advice and clarity on this particular issue.
