Thomas v State of NSW [2008] NSWCA 316

Facts: Thomas (Plaintiff; P) was convicted of 2 offences. The convictions were set aside as a police officer had admitted during the Royal Commission on Police Corruption that he had verballed Pl (fabricated confession). Pl sued for malicious prosecution. The trial judge (TJ) admitted the transcript from the Royal Commission on the basis of business records under s 69 Evidence Act. The State of NSW (Defendant; D) contended that the transcript of evidence from the Royal Commission was wrongly admitted.

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