Eastman v Besanko

[2009] ACTCA 23

DAVID HAROLD EASTMAN v THE HON JUSTICE ANTHONY JAMES BESANKO and THE ATTORNEY-GENERAL FOR THE AUSTRALIAN CAPITAL TERRITORY [2009] ACTCA 23 (22 October 2009)

EX TEMPORE JUDGMENT

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 4 - 2009
No. SCC 362 of 2008

Judges:         Penfold, Dowsett and Graham JJ
Court of Appeal of the Australian Capital Territory
Date:            22 October 2009

IN THE SUPREME COURT OF THE       )          No. ACTCA 4 - 2009
  )          No. SCC 362 of 2008
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:DAVID HAROLD EASTMAN

Appellant

AND:THE HON JUSTICE ANTHONY JAMES BESANKO

Respondent

AND:THE ATTORNEY-GENERAL FOR THE AUSTRALIAN CAPITAL TERRITORY

Intervenor

ORDER

Judges:  Penfold, Dowsett and Graham JJ
Date:  22 October 2009
Place:  Canberra

THE COURT ORDERS THAT:

1. David Harold Eastman’s application for an extension of Higgins CJ’s order made on 7 October 2009 is refused.

IN THE SUPREME COURT OF THE       )          No. ACTCA 4 - 2009
  )          No. SCC 362 of 2008
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:DAVID HAROLD EASTMAN

Appellant

AND:THE HON JUSTICE ANTHONY JAMES BESANKO

Respondent

AND:THE ATTORNEY-GENERAL FOR THE AUSTRALIAN CAPITAL TERRITORY

Intervenor

Judges:  Penfold, Dowsett and Graham JJ
Date:  22 October 2009
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

PENFOLD J:

1. Justice Dowsett?

DOWSETT J: 

1. In this matter the Chief Justice made an order on 7 October 2009 which regulated the way in which the present appellant, Mr Eastman, was to be accommodated in the prison in which he is presently serving a life sentence for murder.

1. We stress that we accept that the fact that such an order was made is of some considerable importance for present purposes, particularly as his Honour made the order after considering a substantial body of evidence.

1. However the order expires at midnight tonight.  Mr Eastman asks us to extend it until tomorrow.  He says that his capacity to prepare the case will be adversely affected by interference from other prisoners, and possibly prison officers, if such an order is not made.

1. It is a serious step for a court to intervene in the way in which prisoners under sentence are dealt with in a prison.  Serious security and safety issues may arise.  It is not an area in which courts have any real expertise or experience.

1. Further, there are likely to be considerable difficulties in anticipating and dealing with the conduct of other prisoners.  We have no doubt that the existing orders have caused difficulties for the prison system.  However we accept that the Chief Justice considered that they were justified in the circumstances.

1. We accept that the Court has an inherent power to ensure that the administration of justice is not unduly impeded by the way in which a prisoner is…