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On 15 March 2017 Sam Buckingham-Jones in reported ‘Gordon Wood court case: Mark Tedeschi defends trial decisions’.

One of NSW’s most senior prosecutors has taken the stand in a packed courtroom to defend his decisions while seeking to convict Gordon Wood for the murder of his girlfriend, Caroline Byrne. Mark Tedeschi, a Queen’s Counsel who successfully put murderers Robert Xie, Amirah Droudis and Simon Gittany behind bars, has rejected allegations he acted with “malice” by prosecuting Mr Wood.

In an unorthodox legal showdown observed by some well-known legal characters - including Gittany’s ex girlfriend Rachelle Louise and Deputy Director of Public Prosecutions Kara Shead SC - Mr Wood’s defence barrister Bruce McClintock SC is currently questioning Mr Tedeschi about many aspects of Mr Wood’s 2008 trial.

The body of Byrne, a 24-year-old model, was found wedged head-first in rocks at the base of The Gap, a notorious suicide cliff in Sydney’s east, on June 8, 1995. Mr Wood, the former personal assistant to the late stockbroker Rene Rivkin, was convicted in 2008 of “spear throwing” Byrne off the cliff but was acquitted on appeal in 2012. He is suing the State of in the Supreme Court for up to $20 million in damages for what he claims was a “malicious” prosecution.

Decisions questioned

This morning, Mr Tedeschi was questioned about his decision to engage physicist, associate professor Rodney Cross, to carry out tests to see how fast a strong man could throw a 60kg woman. Byrne’s body was found 11.8 metres from the base of the cliff - too far for her to have jumped - the trial heard. In particular, Mr McClintock asked why only one test was carried out with a “limp”-bodied woman.

“I can’t specifically recall now what my thoughts were but I would have thought ... I don’t not need to prove whether she was conscious or unconscious, all I need to prove is that she landed in Hole A and could not have landed there by her own steam,” Mr Tedeschi said. “I can imagine if I was held up I would be frozen with fear and the slightest movement.” “You’d be screaming and fighting for your life,” Mr McClintock said. “I’d imagine you would be screaming, yes,” Mr Tedeschi replied.

Mr Tedeschi rejected accusations Professor Cross was unqualified to serve as a witness, but conceded the professor did make “gratuitous” comments in his expert reports. “I often find expert reports contain gratuitous comments, Mr McClintock,” Mr Tedeschi said. “It caused me no more concern in this case than it does in others.” “It didn’t cause you to think the witness might be a little over-enthusiastic and it might impact the witness’s credibility?” Mr McClintock asked. “No it didn’t,” Mr Tedeschi replied.

Mr Tedeschi said he was not aware an aerial photograph of The Gap used in the 2008 trial was taken in 2003, not 1996 as the jury had been told.

The hearing, before Justice Elizabeth Fullerton, continues. http://www.theaustralian.com.au/news/nation/gordon-wood-defamation-case-mark-tedeschi- defends-trial-decisions/news-story/bdc847725199d328509664f62e53714e