Application by Maksimilian Bebic, Mile Nekic and Vjekoslav Brajkovic pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)

The application was brought by Maksimilian Bebic, Mile Nekic, and Vjekoslav Brajkovic, seeking an inquiry into their convictions under section 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW). They sought to challenge their convictions on the basis of newly available evidence, particularly documentation declassified by ASIO and other recent material. The case was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether there was a doubt or question as to the applicants' guilt or any part of the evidence in their case. This required the court to consider whether the new material warranted an inquiry into their convictions. Additionally, the court needed to determine if there were special facts or special circumstances that justified further action, given that a similar application had been made in 2012.

The court found that it was satisfied there was a doubt as to the applicants' guilt based on the new information, including the declassified ASIO documentation. The court concluded that the newly available evidence provided a basis for questioning the reliability of the evidence upon which the convictions were based. The court also found that special facts or special circumstances did exist, justifying the taking of further action. Consequently, the court ordered an inquiry into the applicants' convictions, recognising the significance of the new material in addressing the doubts raised.

The final orders included the direction that an inquiry be conducted into the convictions of the applicants. The court scheduled a date for a preliminary hearing to determine the scope and conduct of the inquiry. This decision underscored the importance of ensuring that justice is served by considering new evidence that may impact the validity of prior convictions.