Dangling At The Gap: Judge Says No To Court's Cliff Adventure
Sydney Morning Herald
Wednesday April 16, 2008
THE prospect of some of Sydney's leading barristers and a Supreme Court judge being lowered over a cliff in a cage at The Gap has been canned - at least for the moment.
The unusual viewing, scheduled for this Friday, was to see where the model Caroline Byrne had landed when she was allegedly thrown to her death by Gordon Wood, her boyfriend, in June 1995. The Crown prosecutor, Mark Tedeschi, QC, had requested that the jurors who will decide Wood's fate be taken to the bottom of The Gap to properly view the rock platform where Ms Byrne's body was found. Before making a decision on whether it was appropriate for the jury to be lowered over the cliff in a wire cage, Justice Graham Barr had agreed to a viewing himself.However, the plan was put on hold because Wood was unable to secure legal aid and therefore would have no funds for his barrister, Winston Terracini, SC, to attend the descent. An appeal against the Legal Aid Commission's refusal to grant Wood legal aid will not be held until late this afternoon, but the Supreme Court was told yesterday that a decision on the viewing had to be made as construction of the scaffolding for the cliff view was scheduled to start at lunchtime yesterday. The costly exercise involved a number of agencies, including the police and the National Parks and Wildlife Service, which was organising the closure of the popular tourist spot. Mr Tedeschi said that because scaffolding was due to be erected, a decision on the viewing needed to be made. "You can have [a decision] now: I'm calling it off," said Justice Barr, who went on to say he was not sure whether the idea of going over the cliff in a cage was such an appropriate one anyway. "It was sprung on the court," he said. "I think if proper consideration had been given we might have been able to approach this matter in a better way." While making no direct comment on Wood's legal aid, Justice Barr said, "I regard this matter as one in which Mr Wood should be represented by experienced trial counsel." Wood's trial is due to begin on July 21.
© 2008 Sydney Morning Herald
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