Kiley v Senior Constable Timothy McMahon

[2022] HCASL 30

KILEY

v

SENIOR CONSTABLE TIMOTHY MCMAHON

[2022] HCASL 30
M57/2021

1. The applicant is being prosecuted before the Magistrates' Court of Victoria for two alleged breaches of the Public Health and Wellbeing Act 2008 (Vic). This is an application for an order to remove those prosecutions pursuant to s 40 of the Judiciary Act 1903 (Cth).

2. The application raises no issues, factual or otherwise, that would warrant an order for removal and would otherwise fragment the criminal proceedings.  The application for removal should be refused.

3. Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

M.M. Gordon	S.H.P. Steward
10 March 2022