Ebatarinja v Deland (D8-1998) [1998] HCA 62 30 September 1998
ORDER
Appeal allowed with costs.
Set aside the order of the Court of Appeal of the Northern Territory of Australia and, in lieu thereof, order that the appeal to that Court be allowed with costs and that prohibition issue directed to the first respondent prohibiting the further hearing of committal proceedings against the first appellant.
On appeal from the Supreme Court of the Northern Territory
Representation:
D J Ross QC with B Fox for the appellants (instructed by Central Australian Aboriginal Legal Aid Service Incorporated)
2.
R S L Wild QC with A M Fraser for the second respondent (instructed by Director of Public Prosecutions (Northern Territory))
No appearance for the first and third respondents
Notice: This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Ebatarinja v Deland
Criminal procedure – Committal proceedings – Jurisdiction of Magistrate to hear committal proceedings – Proceedings to be conducted "in the presence or hearing of the defendant" – Whether essential that defendant understand and follow the proceedings – Deaf, mute and illiterate defendant – Whether an order for prohibition should be made.
Criminal procedure – Committal proceedings – Requirement in Justices Act (NT), ss 110 and 111 that Magistrate address defendant in certain terms – Whether mandatory or directory.
Criminal procedure – Committal proceedings against defendant not possible – Whether Crown may proceed by way of ex officio indictment.
Words and phrases – "in the presence or hearing of the defendant".
GAUDRON, McHUGH, GUMMOW, HAYNE AND CALLINAN JJ. The question in this appeal is whether committal proceedings pending against the first appellant, Roland Ebatarinja, ("the appellant") should be prohibited from further proceeding on the ground that he does not know with what he is charged, is unable to follow the proceedings before the Magistrate and is unable to communicate with those lawyers representing him.
The appellant stands charged with three indictable offences, the chief of which is that on 16 February 1995 he murdered Gregory Jabaltjari Long, contrary to the Criminal Code (NT), s 162. The prosecution alleges that, on 16 February 1995, the appellant and two other persons went to a house in an area known as Larapinta Valley Camp where the appellant embraced a female in an affectionate manner. Her husband, Mr Long, became upset and punched the appellant in the head. The appellant left the area but returned shortly after with a pocket-knife with which he attacked Mr Long, stabbing him three times. Mr Long died five days later on 21 February 1995.
The appellant is a deaf mute Aborigine…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Ebatarinja v Deland [1998] HCA 62
Case
[1998] HCA 62
Decision Date
CaseChat Overview and Summary
The High Court of Australia considered an appeal by Ebatarinja concerning committal proceedings initiated against him. The central dispute revolved around the jurisdiction of the Magistrate to conduct these proceedings, given that Ebatarinja was deaf, mute, and illiterate, raising questions about his ability to understand and follow the proceedings. The proceedings were challenged on the basis that they were not conducted "in the presence or hearing of the defendant" in a meaningful sense, and the Court was asked to consider whether a writ of prohibition should be issued to halt the committal process.
The legal issues before the High Court included whether the statutory requirement that committal proceedings be conducted "in the presence or hearing of the defendant" necessitated that the defendant understand and follow the proceedings. Further, the Court had to determine whether the provisions of sections 110 and 111 of the Justices Act 1848 (NT), which mandate specific addresses by the Magistrate to the defendant, were mandatory or merely directory. Finally, the Court considered whether, if committal proceedings were not possible, the Crown could proceed by way of an ex officio indictment.
The High Court allowed the appeal, setting aside the order of the Northern Territory Court of Appeal. The Court ordered that prohibition issue, directing the Magistrate to cease further hearing of the committal proceedings against Ebatarinja. This outcome was based on the determination that the committal proceedings, as conducted, failed to meet the fundamental requirements of fairness and statutory compliance, particularly in light of the defendant's disabilities and the inability to ensure he could meaningfully participate in or understand the process.
Orders
Orders of the court
1.
Appeal allowed with costs.
2.
Set aside the order of the Court of Appeal of the Northern Territory of Australia and, in lieu thereof, order that the appeal to that Court be allowed with costs and that prohibition issue directed to the first respondent prohibiting the further hearing of committal proceedings against the first appellant.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
HUGH, GUMMOW, HAYNE AND CALLINAN JJ
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Ratio Decidendi
Legal Principle Established
Established by:
HUGH, GUMMOW, HAYNE AND CALLINAN JJ