Chief Commissioner of Police v Crupi & Anor

[2024] HCATrans 36

[2024] HCATrans 036

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M83 of 2023

B e t w e e n -

CHIEF COMMISSIONER OF POLICE

Applicant

and

VINCENZO CRUPI

First Respondent

DIRECTOR OF PUBLIC PROSECUTIONS

Second Respondent

BEECH‑JONES J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA AND BY VIDEO CONNECTION

ON MONDAY, 13 MAY 2024, AT 2.02 PM

Copyright in the High Court of Australia

HIS HONOUR:   In accordance with the protocol for remote hearings, I will announce the appearances for the parties.

MR C.J. TRAN appears for the applicant.  (instructed by Victorian Government Solicitor’s Office)

MR C.T. CARR, SC appears as amicus curiae.

HIS HONOUR:   I note that there are submitting appearances filed by the respondents.  Mr Tran, you have an application, correct?

MR TRAN:   Yes, your Honour, I move on the application of today’s date, and I read the confidential affidavit of today’s date, also.

HIS HONOUR:   All right.  Mr Carr, do you wish to be heard on this?

MR CARR:   No, your Honour.

HIS HONOUR:   All right, thank you.  Consistent with the Court’s practice, notification of today’s application for a suppression order was notified in the Court lists on Friday, 10 May.  The application itself seeks to extend a previous order that was made by me on 8 April 2024 in relation to material broadly concerning informers.

Having read the confidential affidavit that has been sworn in support of the application, I am more than satisfied that the making of the order is necessary to prevent the prejudice of the proper administration of justice, as well as the interests of the State and to protect the safety of any person.  Accordingly, I will make order 1 in the application dated today, 13 May 2024.  Mr Tran, is there anything further about that application?

MR TRAN:   Nothing further.  Thank you, your Honour.

HIS HONOUR:   Mr Tran, can I just ask you a question, and I am going to do it in a way – because we are in open court, but I will seek to respect the orders that have been made – do you have your client’s amended application for special leave with you?

MR TRAN:   I do not, because I am not in a secure location, but if your Honour addresses obliquely I expect I will be ‑ ‑ ‑

HIS HONOUR:   Alright, there is in part of it a reference to certain page numbers of certain documents.

MR TRAN:   Yes.

HIS HONOUR:   As I understand it, it said that some of those pages are parts that have been disclosed to the accused and other parts are parts that have ordered to be produced, is that right?

MR TRAN:   Yes, your Honour.

HIS HONOUR:   It may be me, but I could not figure out which parts were which.  Perhaps a little bit by inference, but beyond that – it may even be in the document Mr Carr is about to file, if that could just be clarified so we can identify of that material what has been provided and what is the subject of the application.

MR TRAN:   Yes, your Honour, that will be done.

HIS HONOUR:   Does that cause you any difficulty, Mr Carr?

MR CARR:   No, I can probably indicate that it should be clear enough, when the Court receives our response, which falls into which category.

HIS HONOUR:   Good, alright.  Is there anything further that I need to do at this stage?

MR CARR:   No, your Honour.

MR TRAN:   No, your Honour.

HIS HONOUR:   Thank you both for your assistance.  Court will adjourn.

AT 2.05 PM THE MATTER WAS ADJOURNED