Labaj v Bone & Queensland Police Service

[2007] QDC 213

[2007] QDC 213

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE SAMIOS

No 1267 of 2005

JOHN LABAJ	Appellant
and
MERVIN BONE	Respondent
and
QUEENSLAND POLICE SERVICE	Respondent
BRISBANE ..DATE 24/08/2007

ORDER
HIS HONOUR: It is unfortunate Mr Labaj has a mental illness.

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It may make understanding the reasons I am proposing to give understandable.

The appeal has been on foot for a number of years and he has

made an appearance in this Court on the 14th of June 2005 when	10
his Honour, Judge Robin, ordered copies of transcripts be provided to him to allow him to progress the appeal. Nothing has been done to progress the appeal.
That may be because of Mr Labaj's mental illness, it may be	20
for other reasons. In any event, I think it is an inordinate delay in progressing the appeal and I have no confidence the appeal could be progressed even now if Mr Labaj was given more time. Therefore the appeal is dismissed. Anything else?
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MS CUPINA: No thank you, your Honour.
HIS HONOUR: Yes. Mr Labaj, I have dismissed your appeal.
MR LABAJ: What does that mean?
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HIS HONOUR: That is the end of it.
MR LABAJ: Well what happens with original decision of Magistrate's Court?
HIS HONOUR: It stands. It is valid.	50
MR LABAJ: Is there an appeal against this decision?

HIS HONOUR: You will have to get advice from someone else
about those sorts of appeals.
MR LABAJ: All right. 2 ORDER 60

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HIS HONOUR: Okay.
MR LABAJ: Thank you.

HIS HONOUR: Thank you.

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3 ORDER 60