Irving v The Queen

[1997] HCATrans 222

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B19 of 1996

B e t w e e n -

TERRY IRVING

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

BRENNAN CJ
DAWSON J
TOOHEY J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 15 AUGUST 1997, AT 9.54 AM

Copyright in the High Court of Australia

BRENNAN CJ:   Is there any appearance of the parties in this matter?

The parties have indicated that they desire to rely on their written submissions.  The Court has considered those submissions.  However, the material before the Court on this application is insufficient to allow the Court to reach a decision on the application for special leave. 

The central issue in the case was identity of the person who robbed the bank.  Identification evidence was acquired by having witnesses inspect the photo board and select the offender from among those whose photos appeared on the board.  This was done by Detective Pfingst who, for some reason inadequately explained, was not called as a witness.

We propose to adjourn the application to a special leave sittings of this Court that will be appointed to be held at some time in the future.  At that time, we would expect the Crown to have provided the applicant and the Court with a full transcript of the trial and a written explanation by reference to that transcript as to why Detective Pfingst was not called.  The applicant is to have leave to reply in writing to any explanation offered.  The time at which the matter will be listed for hearing will depend upon the consultations between the Registry and the respective parties to see whether or not these indications of the Court’s intentions have been satisfied.

Although the affidavit material produced by the applicant may not be admissible on appeal to this Court, its contents warrant further consideration by the appropriate authorities of the desirability of a grant of legal aid to permit representation of the applicant on the hearing of the application for special leave.  The application, therefore, stands adjourned generally.  On the hearing of the application, the Court will be differently constituted.

AT 9.56 AM THE MATTER WAS ADJOURNED
TO A DATE TO BE FIXED