Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5:

1. The applicant makes an application for a certificate under the Costs in Criminal Cases Act 1967 (NSW) ('the Act') following verdicts of not guilty on four counts. The verdicts were entered following a Judge-alone trial (special hearing): R v Parkes [2025] NSWDC 144 (Parkes).

2. The application is opposed by the Crown.

Background

3. On the night of 12 May 2022, George Beshara (Beshara) and Leanne Jones (Jones) were the victims of a violent home invasion at their home in Toongabbie perpetrated by two individuals.

4. There is no issue that one of the individuals, Lealofi Namulauulu (the co-offender), was involved in the home invasion whilst armed with a .38 super calibre pistol. The two intruders forced their way into the house. Beshara was assaulted by the two assailants before being forced by the second offender up the stairs and into a bedroom containing several safes.

5. In the meantime, Namulauulu remained in the downstairs living area of the house taking property, at gunpoint, from several victims, including Jones. At some point thereafter Namulauulu and Jones made their way upstairs and entered the same bedroom where the second offender was with Beshara. Beshara engaged in physical altercations with the second offender and Namulauulu. During this time, a shot was fired from the pistol resulting in a hole in the bedroom wall.

6. Namulauulu and his co-offender then fled the scene following which Beshara smashed the upper bedroom window before yelling out to ring the police.

7. Namulauulu pleaded guilty to several offences arising from the home invasion. The sentence hearing involved several witnesses, including the two victims, giving evidence on disputed facts.

The pertinent findings on the special hearing

8. It was the Crown case that the second offender was the applicant which was denied by him. The central issue was the identification of the applicant.

9. In entering verdicts of not guilty to each of the counts on the indictment, the Court made the following findings: -

1) The evidence of Beshara seeking to identify the applicant as the second offender was inherently unreliable.

2) The evidence of Jones seeking to identify the applicant as the second offender was inherently unreliable.

3) The accused's statements to police, contained in an electronically recorded interview of a suspected person (ERISP) were accepted as truthful, including his denials that he was involved in the home invasion and his assertion that at the time of the home invasion he was in the company of Rachelle Kelly at his supported home in Doonside.

4) Contrary to the Crown's contention at trial, the circumstantial evidence was not supportive of the applicant's guilt.

5) The evidence generally, including the evidence of the applicant's carers as to the applicant's movements on the night of the home invasion, was inconsistent with the applicant being involved in the home invasion.

6) The statement of the applicant's alibi witness, Rachelle Kelly, tendered in the Crown case, was generally consistent with the accused's account of his movements provided in his ERISP, the CCTV footage from a licensed premises recorded on the night in question and the evidence of the carers. The Court was not satisfied beyond reasonable doubt that the alibi evidence should be rejected.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19877a460ae667a067112d0c)

Disclaimer: Curated by HT Syndication.