Trespass decision made today
THE critical decision concerning whether police were trespassing on the McNeill family’s Yamba property on the night of the 2010 Valentine’s Day Yamba riot is set to be handed down at Maclean Court today.
After just over a day of evidence from Craig and Maxine McNeill, and cross-examination by prosecutor Bob Hanzic, Magistrate John Andrews retired to his chambers yesterday afternoon to look at the evidence and submissions.
The evidence to be considered as a ‘voir dire’, a trial within a trial, concerns if police were found to be trespassing whether their evidence was illegally obtained. A transcript of conversations recorded by Dylan McNeill on his mobile phone on the night between himself, his father Craig, and police, was submitted by defence barrister Peter O’Connor.
Mr Andrews granted leave for Det Sgt Graham Burke to verify the transcript was accurate. It was then tendered as evidence after minor editing by Det Sgt Burke.
Mrs McNeill gave evidence of repeatedly informing police they were illegally on private property, attempting to hand police a document showing property boundaries and ownership, and asking police to leave. She also gave
evidence of owning the property, and directing her husband to tell police to get off the property and to give them the document showing boundaries and ownership.