Two years ago Molly Brown left her home and aged parents in Melbourne. It was widely believed she had run off with a truck driver. Occasionally the aged parents heard reports from Molly's former associates that they believed she was working on a fishing trawler somewhere in the Gulf Country. Letters arrived home from Molly from different parts of Australia over the period. In her last letter, from Darwin 3 months ago, she said that she planned to return home soon as she had run out of money.

Before she disappeared Molly told Mick (a man she lived with off and on in Melbourne before she moved back to her aged parents' place) that a mutual friend, Jonas McIntyre, had told her one night during a drinking session at the local that he had once done something "he wasn't proud of and would rather forget". He continued, "You remember Maxine, the barmaid here that disappeared 3 years ago..."At that moment Molly said that somebody else joined them and Jonas did not finish what he was saying and she didn't pursue it. Mick reported this conversation to the police.

Police are investigating Maxine's disappearance. There is some rather shaky evidence that implicates McIntyre. The police inform the aged parents that they want to speak to Molly. Three days ago Molly rang the parents; she would not say where she was and said she wasn't sure if she was coming home in the foreseeable as she had just met a "fantastic fellow". She would see how the relationship went. When she was told that the police wanted to speak to her she said that there was no way she would help "the coppers" and added she "never said nothing of the sort to Mick."

List any relevant evidence that you deem to be relevant. Be sure to identify the source, type of the evidence and which section of the Evidence Act it could be admitted under. (30 marks)

Supposing there is a trial where McIntyre is charged with Maxine's murder, can the prosecution use Molly as a witness if she is located? (10 marks)

If she is not located is what Mick says he was told by Molly of any evidentiary value? Why or Why not? (10 marks)