Beljajev v Director of Public Prosecutions (Commonwealth)

The applicant, Mr Beljajev, sought an application for a stay and/or bail pending special leave to appeal before the High Court of Australia. The Director of Public Prosecutions (Commonwealth) was the respondent. The dispute concerned an order made by Mr Justice Marks on 24 April 1991, which revoked a grant of bail previously made by Judge Kelly. This revocation was purportedly exercised under section 18A of the Bail Act.

The primary legal issue before the High Court was whether a trial judge possessed the authority to revoke bail in the circumstances presented. The applicant contended that there was no right of appeal to the Full Court of Victoria under section 10 of the Supreme Court Act, a point which the respondent initially suggested existed. The applicant intended to argue this lack of appeal right as part of their submissions.

The court was required to consider the scope of a trial judge's power to revoke bail, particularly in light of the Bail Act and the Supreme Court Act. The applicant's material included affidavits from their solicitor, Mr Alan Shnider, affirmed on 2 and 3 May 1991, and exhibits to an affidavit sworn on behalf of the Director of Public Prosecutions. The respondent relied on an affidavit sworn by Mr Kearns on 3 May 1991. The proceedings were at a preliminary stage, with both parties indicating they might need to make factual assertions from the bar table due to the late exchange of affidavits.