Di Fede v Police; Di Fede v Police

The applicants, Di Fede and his partner, were charged with assault and other offences arising from an incident involving a staff member of Stirling Cellars & Patisserie. They sought leave to appeal against a decision made by a single Judge of the South Australian Magistrates Court, who refused their applications. The applicants sought better particulars and disclosure of documents from the prosecution, and they alleged that the CCTV footage had been edited. The Magistrate found that the prosecution had adequately disclosed material relevant to the trial. The applicants sought special reasons for leave to appeal, arguing that the Magistrate's decision constituted a miscarriage of justice. The court considered whether the Magistrate's decision was an interlocutory judgment or an incidental ruling and found that it was an incidental ruling made in the course of a trial. The court held that the applicants' applications did not meet the criteria for special reasons, as the matters were not extraordinary, unusual, or atypical. The court dismissed the applications and refused leave to appeal. The applicants' appeals were dismissed, and no order for costs was made.