Bartlett v The Queen [No 6] [

Case [2013] WASC 304


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   BARTLETT -v- THE QUEEN [No 6] [2013] WASC 304

CORAM:   EM HEENAN J

HEARD:   24, 27 & 28 JUNE 2013

DELIVERED          :   15 AUGUST 2013

FILE NO/S:   INS 107 of 2012

BETWEEN:   PETER MERVYN BARTLETT

First Applicant

RONALD GEORGE SAYERS
Second Applicant

DEBORAH JEANNE GRACE
Third Applicant

GREGORY JOHN DUNN
First Accused

AND

THE QUEEN
Respondent

AUSTRALIAN CRIME COMMISSION
Intervener By Leave

Catchwords:

Criminal law - Procedure - Application for permanent stay - Prosecution by CDPP of four persons on joint charge of conspiring with the intention of dishonestly causing loss to a Commonwealth entity - Alleged fraud in relation to company minutes and documents - Compulsory examination of three accused in course of investigation by ACC - No privilege against self incrimination in the course of ACC compulsory examinations - Direct use immunity for examinees - Disclosure of transcripts of compulsory examinations by ACC to CDPP - Australian Crime Commission Act 2002 s 25A(9) - Whether disclosure of examinees' transcripts may prejudice the fair trial of a person who may be charged with an offence - Whether ACC examiner should have given a direction under s 25A(9) of the ACC Act that no transcripts or details of the compulsory examinations should be disclosed to the CDPP or to any persons associated with any investigation or prosecution of the applicants - Whether the fair trial of the applicants may be prejudiced - Whether disclosure of the results of the examinations to the CDPP resulted in irremediable prejudice to the applicants such that only a permanent stay of the prosecution against them is sufficient to avoid prejudice to the fairness of the proposed trial

Legislation:

Australian Crime Commission Act 2002 (Cth)
Commonwealth Crimes Act 1914 (Cth)
Criminal Code Act 1995 (Cth)

Result:

Applications for permanent stay of prosecution dismissed

Category:    B

Representation:

Counsel:

First Applicant              :     Mr M C Boyce

Second Applicant          :     Mr M C Boyce

Third Applicant            :     Mr I D Hill QC & Ms M K Kaddeche

First Accused                :     No appearance

Respondent:     Mr P Roberts SC & Mr A L Troy

Intervener By Leave      :     Mr M T Ritter SC

Solicitors:

First Applicant              :     Clifford Chance

Second Applicant          :     Clifford Chance

Third Applicant            :     Jackson McDonald

First Accused                :     In person

Respondent:     Director of Public Prosecutions (Cth)

Intervener By Leave      :     Australian Crime Commission

Case(s) referred to in judgment(s):

A v Boulton [2004] FCA 56; (2004) 204 ALR 598

A v Boulton [2004] FCAFC 101; (2004) 136 FCR 420

Australian Crime Commission v Bartlett [2013] WASC 108

Bartlett v The Queen [2012] WASC 503

Dupas v The Queen [2010] HCA 20; (2010) 241 CLR 237

Hamilton v Oades [1989] HCA 21; (1989) 166 CLR 486

Hammond v Commonwealth of Australia [1982] HCA 42; (1982) 152 CLR 188

Jago v District Court of New South Wales (1989) HCA 46; (1989) 168 CLR 23

Lee, Do Young v R and Lee, Seong Won v…

Continue reading Bartlett v The Queen [No 6] [

Sign in free to access the full text

Details
AGLC
Bartlett v The Queen [No 6] [ [2013] WASC 304
Case
[2013] WASC 304
Decision Date

CaseChat Overview and Summary

In Bartlett v The Queen [No 6], the applicants sought a permanent stay of the prosecution against them, alleging that the disclosure of transcripts of their compulsory examinations by the Australian Crime Commission (ACC) to the Commonwealth Director of Public Prosecutions (CDPP) would prejudice their right to a fair trial. The applicants, along with three others, were charged with conspiracy to commit fraud against a Commonwealth entity. The dispute centred on the propriety of the ACC's disclosure of the examination transcripts to the CDPP, which the applicants argued would result in irremediable prejudice, necessitating a permanent stay of the prosecution.

The primary legal issue before the court was whether the disclosure of the examinees' transcripts to the CDPP may prejudice the fair trial of the applicants. This involved an interpretation of section 25A(9) of the Australian Crime Commission Act 2002, which governs the disclosure of information obtained during compulsory examinations. The court needed to determine if the ACC examiner should have directed that no transcripts or details of the compulsory examinations should be disclosed to the CDPP or to any persons associated with the investigation or prosecution of the applicants. Furthermore, the court had to assess whether the disclosure to the CDPP resulted in irremediable prejudice to the applicants, warranting a permanent stay of the prosecution.

The court found that the disclosure of the examination transcripts to the CDPP did not, in itself, prejudice the applicants' right to a fair trial. The applicants had been granted direct use immunity, which protected them from being compelled to testify in the prosecution. The court reasoned that the applicants had not demonstrated that the disclosure resulted in any actual or apprehended prejudice to their right to a fair trial. The applicants had not shown that the disclosure of the transcripts would lead to any disadvantage in their defence, nor had they provided evidence that the content of the transcripts was prejudicial. The court concluded that the applicants' rights were adequately safeguarded by the immunity granted and that the disclosure did not prejudice their right to a fair trial.

The court dismissed the application for a permanent stay of the prosecution. The applicants were ordered to continue with their defence, with the understanding that any further issues regarding the examination transcripts could be addressed during the trial itself. The court emphasised that the applicants' right to a fair trial remained paramount and that any concerns about prejudice could be appropriately managed through the judicial process.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.