Dalugama Mudiyanselage Prabath Alwis v The Queen

[2014] HCASL 41

DALUGAMA MUDIYANSELAGE PRABATH ALWIS

v

THE QUEEN

[2014] HCASL 41
B44/2013

1. On 21 April 2011, following a trial by jury in the District Court of Queensland, the applicant was convicted of fraud as an employee to the value of more than $30,000.

2. On 13 November 2012 the Court of Appeal of the Supreme Court of Queensland (McMurdo P, Fraser and White JJA) dismissed the applicant's appeal against conviction.  The applicant had contended that the jury verdict was unreasonable having regard to the evidence, that the trial judge misdirected the jury in several respects, and that the prosecutor made statements in her closing address that were not supported by the evidence.  The Court of Appeal held that none of those grounds was made out.

3. The applicant seeks a substantial extension of time in which to file his application for special leave to appeal to this Court.  The application raises grounds of appeal not advanced in the Court of Appeal, and otherwise reiterates grounds of appeal rejected by that Court after lengthy consideration.  An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave to appeal.  The grant of an extension of time to enable the application for special leave to appeal would be futile.  The extension should not be granted.

4. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
6 March 2014 P.A. Keane