A recording made by an ambulance officer at the scene where a young mother was accidentally shot while smoking ice with friends was never heard by the jury in her manslaughter case.
Young mother Sarah Johnson-Portelli, 20, died in April 2013 at a house in St Albans, in Melbourne’s west.
But the man accused of her manslaughter, Jovan Jojic, was acquitted last December.
It was ruled that an audio recording made by a paramedic at the scene could not be heard by the jury because it had little probative value and would delay a trial that had already been interrupted several times for legal reasons.
But the decision to leave the recording out of the evidence has left the lead detective in the case shocked.
“I [was] astonished, absolutely astonished,” former homicide detective Allan Birch told 7.30.
“We’re dealing with a young lady’s death from gunshot wounds, we’re dealing with the liberty of an accused person.
“I mean, no more serious crime can a person commit than taking another person’s life.
“There were a number of decisions made in the conduct of this trial that, even with my experience, I just couldn’t fathom — it just seemed a long way from fairness.”
In the recording, one of only two witnesses to the shooting, Phil Spadaro, is in great distress at the death of Ms Johnson-Portelli.
Mr Spadaro was also accidentally shot in the leg that night.
Homicide detectives believe the recording throws doubt on the defence argument in the case that the two witnesses to the shooting — Mr Spadaro and Emilija Dilber — colluded to implicate Mr Jojic.
“[At] that time of the trial, the credibility of Phil Spadaro has been heavily attacked by the defence — that he had concocted a story, he had collaborated with … Emilija Dilber, to come up with this account that Jovan [Jojic] fired the fatal shot,” Mr Birch said.
“This [recording] said well hold on, here’s the first emergency service person on the scene, recording and his account is the same as hers — where was the collaboration? Where was the conspiracy?”
The ambulance paramedic has confirmed to 7.30 that she never saw Ms Dilber.
Paramedic was not included in the trial
Partway through the trial, when the detectives discovered the recording buried on their computer system, paramedic Cassie was on a cruise ship.
She exchanged 20 emails with detectives and offered to give evidence by video link to clarify what was being said in the audio recording when she docked at the next port several days later, but the judge in the case, in the absence of the jury, refused the crown’s application.
Cassie, who fears for her safety like many other witnesses attached to this case, has not spoken out about the incident and did not want to use her surname when she spoke with 7.30.
“If felt like a bit of a let-down from the legal system,” she said.
“There was information out there … I hadn’t concocted anything or done anything wrong — I just took a real life, real-time recording and for some reason, they were saying that that couldn’t be heard.”