Chekeri v The Queen

[2002] HCATrans 39

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S134 of 2001

B e t w e e n -

RAHIMULLAH CHEKERI

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GAUDRON J
McHUGH J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 19 FEBRUARY 2002, AT 2.00 PM

Copyright in the High Court of Australia

MR A.M. BLACKMORE, SC:   I appear for the respondent.  (instructed by S.E. O’Connor, Solicitor for Public Prosecutions (New South Wales))

GAUDRON J:   Yes, the Court has been informed that there will be no appearance for the applicant today and that he will rely on his written submissions.

MR BLACKMORE:   I do not seek to say anything, your Honour.

GAUDRON J:   Yes, we need not trouble you, Mr Blackmore.

In this matter the applicant who, as already indicated, relies on his written submissions, seeks special leave to appeal from a decision of the Court of Criminal Appeal vacating a permanent stay of proceedings on an indictment charging him with an offence under the Drugs Misuse and Trafficking Act.  The Court of Criminal Appeal was correct to vacate the stay.  Accordingly, special leave is refused.

Call the next application, please.

AT 2.01 PM THE MATTER WAS CONCLUDED