The accused applied to revisit a pre-trial ruling that admitted expert police evidence regarding street gangs.
The defence argued that their willingness to make factual admissions about gang membership and the existence of the gang constituted a material change in circumstances, rendering the expert evidence unnecessary and overly prejudicial.
The court dismissed the application, finding that the proposed factual admissions lacked the necessary context that the expert evidence was meant to provide to the jury.
Furthermore, the Crown did not agree to the admissions, and the court could not compel such an agreement.
