Harms v The Queen

[2004] HCATrans 527

[2004] HCATrans 527

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B76 of 2000

B e t w e e n -

COLIN GORDON HARMS

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

CALLINAN J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 3 DECEMBER 2004, AT 2.09 PM

Copyright in the High Court of Australia

MR M.J. BYRNE QC:   If the Court please, I appear for the applicant.  (instructed by the applicant)

MRS L.J. CLARE:   If it please the Court, I appear for the respondent.  (instructed by Director of Public Prosecutions (Qld))

CALLINAN J:   Thank you, Mr Byrne. 

MR BYRNE:   Your Honours, this is the application as I understand it B76 of 2000.  My submissions are these.  It is apparent that Mr Harms feels an acute personal sense of injustice as to what has occurred to him in respect to this conviction.  He raises two complaints.  One is what is said to be fresh evidence and it is accepted, as it must be, that this Court’s writ does not run to that area and if he seeks to pursue that, his proper cause is by way of an application for a pardon to the Governor of the State.

His second point are a number of complaints and issues which are fully and in detail set out in the written submissions made by Mr Harms to this Court.  I can inform the Court that I have read all of those and considered them, and I am not able to adduce any additional matters or, indeed, expand upon the submissions made in writing by Mr Harms in those submissions.  So unless there are specific matters I can assist on, I have nothing further.

CALLINAN J:   Thank you, Mr Byrne.  We need not hear from you on this matter, Mrs Clare, thank you.

MRS CLARE:    Thank you.

CALLINAN J:   The application for special leave in this case must be dismissed.  There is no reason to doubt the correctness of the decision of the court below. 

AT 2.11 PM THE MATTER WAS CONCLUDED