NSW: Police conduct "poisoned" evidence in Gonzales trial, court

AAP General News (Australia)
08-22-2007
NSW: Police conduct "poisoned" evidence in Gonzales trial, court

The lawyer of convicted murderer SEF GONZALES says the failure of police to caution
him before questioning .. or to tape the subsequent interview .. should have made the
evidence at his trial inadmissible.

GONZALES is appealing against his conviction and the three life sentences he received
for the murder of his parents and teenage sister .. at their north-western Sydney home
in 2001.

The 25-year-old was convicted of the murders in 2004 after the crown exposed a string
of lies and contradictions in his evidence to police.







His lawyer PAUL BYRNE SC told the NSW Court of Criminal Appeal .. a police interview
conducted with GONZALES .. on the morning of the murders .. had not been not properly
conducted and should have been inadmissible as evidence.

He said the material was obtained in an improper fashion and used in subsequent interviews
.. to shore up and consolidate the case against GONZALES.

However .. Justice RODERICK HOWIE was unimpressed by Mr BYRNE's arguments .. saying
the legislation upon which he relied on .. is not designed to give people such as GONZALES
.. who voluntarily gave the interview in the company of his uncle .. a free shot.

If GONZALES argues his case successfully .. the court could quash his conviction and
order a retrial.

AAP RTV ajc/wjf/imc/bart

KEYWORD: GONZALES (SYDNEY)

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