Abela v The Queen

[2007] HCATrans 334

[2007] HCATrans 334

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M32 of 2007

B e t w e e n -

IVAN ABELA

Applicant

and

THE QUEEN

Respondent

Judgment

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 21 JUNE 2007, AT 2.15 PM

Copyright in the High Court of Australia

HER HONOUR:   This is an application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria dismissing the applicant’s application for leave to appeal against his conviction for rape.

On 24 April 2007 the applicant filed a summons seeking an extension of time for the filing and serving of his submissions in the application for special leave and also seeking an order that the matter be deemed not to have been abandoned.  An amended summons was filed on 9 May 2007.  It is this summons which is currently before the Court. 

The applicant is currently in prison and his amended summons includes requests that he may present his case and his argument on this summons in writing, and a request that he not be required to appear on the hearing of this summons.

The applicant filed his application for special leave to appeal to this Court on 25 March 2007.  He filed a draft notice of appeal on the same day.  In his affidavit filed on 24 April 2007 he has outlined his attempts to come to an agreement with a firm of solicitors to represent him in his application for special leave to appeal.  Because of his financial difficulties, he was unable to reach an agreement with the solicitors.  By the time he was aware that he would need to represent himself, he had nine days to prepare the documents in order to file them by 23 April 2007.  The applicant was unable to prepare the documents in the time available as a result of being in prison.

In his written submissions dated 11 May 2007, the applicant states that he is having further difficulty preparing his written case, as he does not have direct access to the resources he needs and must send documents by post to his wife and wait for a reply, also by post.

On 15 June 2007, he provided a further written submission that he will be able to file his written case by 16 July 2007.

The respondent has informed the Registrar that it does not propose to file any submissions and is content to abide by any orders made by the Court in relation to the summons. 

In the circumstances outlined above, it is appropriate to grant the applicant an extension of time.  He has submitted that he will be able to file his written case by 16 July 2007, which is a Monday.  I will grant him an extension to the end of that week.

The order is:  provided that the applicant files his written case in support of his application for special leave on or before 4.00 pm on 20 July 2007, the application for special leave is not to be deemed abandoned.  I publish that disposition.

Adjourn the Court.

AT 2.18 PM THE MATTER WAS CONCLUDED