Chief Commissioner of Victoria Police v Crupi & Anor

[2024] HCATrans 15

[2024] HCATrans 015

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 THURSDAY, 14 MARCH 2024, AT 9.03 AM

Copyright in the High Court of Australia

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

MS S.J. MAHARAJ, KC appears for the applicant with MR C.J. TRAN  (instructed by Victorian Government Solicitor’s Office)

MR C.T. CARR, SC appears with MS H.L. CANHAM as amici curiae.

HIS HONOUR:   I note that there are submitting appearances filed by the respondents.  Ms Maharaj.

MS MAHARAJ:   Your Honour, we sent yesterday a proposed directions as agreed between the amici and the Chief Commissioner of Police.  I hope your Honour has those directions, and we seek it by consent.

HIS HONOUR:   All right, I do just have a couple of questions for Mr Carr.  Mr Carr.

MR CARR:   Yes, your Honour.

HIS HONOUR:   Yes, thank you, and can I thank your junior and the instructors for assisting the Court.  You might be in a position to tell me this.  The first respondent’s trial, can you just tell me what the state of play on that is.

MR CARR:   It adjourned sine die pending resolution of this application.

HIS HONOUR:   I see.  Is he in custody?

MR CARR:   No, but he is, I think, about 77 years of age, was committed for trial in late‑2019.

HIS HONOUR:   I see.  The effect of the primary judge’s orders was to grant access to a very significant number of documents, is that right?

MR CARR:   The order that is subject of this application granted access to documents that, from recollection, were about 100 pages or – of that magnitude.  It might be greater, but certainly not thousands of pages.

HIS HONOUR:   I see, and I take it, pending this, that that access has not been exercised, as it were, or it has been stayed.

MR CARR:   Yes.

HIS HONOUR:   I see.  Thank you, Mr Carr.  Ms Maharaj, do I take it that both the Director – I know they have submitted – and the first respondent’s legal representatives are generally aware of what is happening on this application, is that right?

MS MAHARAJ:   Correct, your Honour.

HIS HONOUR:   All right.  Now, just with the proposed orders, the phrase “additional material” in order 1, how much material do you think you intend to provide?  Just in ballpark pages, can I put it that way.

MS MAHARAJ:   Yes, your Honour, a couple of lever arch folders, your Honour.  There will two tables:  one comprising about 97 pages, another table about 54 pages, and the documents underpinning the tables, which is the public interest immunity materials and the materials that have been disclosed.  So, a couple of lever arch folders.

HIS HONOUR:   Right.  That is the part – I was wondering if you can give consideration to reducing that to, effectively, examples of material that illustrate the point that everyone is seeking to make, rather than giving all of it to us.  I am just concerned to minimise the amount of material, of what I understand is said by your client to be in an especially confidential nature, that is provided.

MS MAHARAJ:   That can be easily done, your Honour.

HIS HONOUR:   I think, I will not amend any of the orders, but I was just wondering if you and Mr Carr or your juniors or all of you could confer about, as it were, selecting each other’s best examples to illustrate the points and to, perhaps, explain the primary judge’s reasons, which were, understandably, fairly brief.  Does that work for you, Mr Carr?

MR CARR:   It does.  There are some complications around doing that, but we will figure out a way around them.

HIS HONOUR:   Do your best, anyway, but that is the sort of thing – that is part of the reason for today, not because I did not necessarily want the entirety of the material coming up, and if you can do it by some examples or some summary or something like that, that would be excellent, rather than necessarily giving us the source material.

MS MAHARAJ:   Yes, your Honour.

HIS HONOUR:   And if there is a need for a confidentiality order, or a request for one in respect of the material, that will need to be carefully flagged when it is filed.

MS MAHARAJ:   Yes, your Honour.  We foreshadow that confidentiality orders will be sought at the stage we settle the precise material to be filed.

HIS HONOUR:   All right.  Is there anything else that either party wishes to raise?

MR CARR:   Not at this stage, your Honour.

MS MAHARAJ:   No, your Honour.

HIS HONOUR:   All right.  Thank you for your assistance.  I will make the following orders, and I will read them onto the record:

1.The Applicant is to file and serve on the Contradictors an amended special leave application, and any additional material relied on, by 4.00 pm on 8 April 2024.

2.The Contradictors file and serve a response, and a list of any additional material referred to by the Contradictors and not included in the Applicant’s material, by 4.00 pm on 10 May 2024.

3.The Applicant file any reply, and a copy of the additional material referred to by the Contradictors, by 4.00 pm on 17 May 2024.

Can I thank you for your assistance.  The Court will adjourn.

AT 9.09 AM THE MATTER WAS ADJOURNED