Bandulla v The Queen

[2003] HCATrans 567

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M117 of 2001

B e t w e e n -

LULZIM BANDULLA

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 14 FEBRUARY 2003, AT 10.51 AM

Copyright in the High Court of Australia

MR A. McMONNIES:   Your Honours, in this matter I seek leave to appear as a friend of the Court and hand up a submission on behalf of the ‑ ‑ ‑

McHUGH J:   Yes, Mr McMonnies.  When you say a friend of the Court, have you instructions from the applicant?

MR McMONNIES:   No, your Honour, not in respect of this.  What happened, your Honour, is that yesterday after 4 pm the Registrar in Canberra spoke to me about a letter that I had forwarded to the Court yesterday and suggested that – effectively it was an invitation that I should prepare a brief submission of my position, which I have done.  I have not had any opportunity to speak with Mr Bandulla because I was in Canberra and I did not arrive back until this morning, so that he is not aware I am actually here on this application, although I have been assisting him in part, as you will see from my submission when I hand it up to you.

McHUGH J:   Yes.  What do you say?

MR M.J. CROUCHER:   May it please the Court, I appear on behalf of the respondent.  (instructed by Solicitor for Public Prosecutions (Victoria))

McHUGH J:   Yes.

MR CROUCHER:   I was only made aware of this possibility last night as well.  I do not object to the Court receiving the submission but there are obviously matters referred to in that submission, when your Honours see that, that cannot be dealt with or should not be dealt with, should be the subject of evidence, if there were to be any evidence, and ‑ ‑ ‑

McHUGH J:   Yes.  Well, that might be handed up, Mr McMonnies.

MR McMONNIES:   There are four copies, your Honours.  I apologise for the typographical error on the first line.

McHUGH J:   Yes.  Mr McMonnies, this matter raises issues which I do not think should be dealt with on any friend of the Court basis.  The matter will proceed by giving a direction under Order 69A rule 15(2) that the application be dealt with on the written material.  I hand back these documents.

MR McMONNIES:   I seek to take no further part, your Honour.

McHUGH J:   Yes, thank you.  Thank you, Mr McMonnies, for your appearance.

In this matter the applicant is self‑represented, as he was at the trial and in the court below.  He is currently in custody.  He has not been brought to the Court for the hearing.  By reason of his inability to present oral argument, I give a direction under Order 69A rule 15(2) that the matter be dealt with on the written material filed.  The Court has examined the material.  It is of the view that the application raises no special leave questions.  Accordingly, the application is dismissed.

AT 10.56 AM THE MATTER WAS CONCLUDED