Lessur-Millar v The Director of Public Prosecutions

[1990] HCATrans 11

~ ~~­

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S28 of 1989

B e t w e e n -

RICARDO LESSUR-MILLAR

Applicant

and

THE DIRECTOR OF PUBLIC

PROSECUTIONS

Respondent

For mention

Millar

MASON CJ
GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 16 FEBRUARY 1990, AT 9.35 AM

(Continued from 15/12/89)

Copyright in the High Court of Australia

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MR P.W. LARKIN:  May it please the Court, I appear for the

applicant. (instructed by Johnsons)

On the last occasion Your Honour the Chief Justice

suggested that the applicant approach the Bar

Association to have counsel appointed.	I appear as
though it were a dock brief.

MR P. HASTINGS:  May it please the Court, I appear on behalf

of the respondent.	(instructed by the Director of
Public Prosecutions)

MASON CJ:  Now, the matter has been put in the list for

hearing in Canberra in the March sittings of the

Court. Will it be ready to proceed then?

MR LARKIN:  Your Honour, there are a number of things that I

feel I should raise. Having-looked at the documents

it seems to me that in themselves they require some

amendment and, secondly, if Your Honour has

looked at -

MASON CJ:  Is this in relation to the proposed grounds of

appeal?

MR LARKIN:  Yes, it is, Your Honour. There is another matter

of major difficulty and that is, having looked at

the papers, I think it is in the applicant's best

interests to seek - also to-appeal from an

earlier decision of the Court of Appeal. The difficulty

with that is that it would require an enormous

extension of time. I would propose to amend the

documents and file them by the end of next week.

That would then, I hope, put the matter in the

position that it could proceed on 2 March, Your Honour.

MASON CJ: The matter was dealt with on the last hearing before me and left on the basis that it should

proceed in March.

MR LARKIN: Yes, I have read the transcript.

MASON CJ: And if it was not able to proceed in March then

the inevitable consequence of dismissal would

follow.

MR LARKIN: It would be dismissed. Yes, I am aware of that,
Your Honour, and certainly I would be proposing to
have it proceed on 2 March, the difficulty being

that may require some late amendment of the documents

and, as I have said, this enormous extension of time.

Obviously that is a matter that will have to be

dealt with on 2 March.

MASON CJ:  But that is another matter altogether. We are

only concerned with the present application for

special leave.

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MR LARKIN:  Yes, Your Honour, although I would propose with

the Court's indulgence to bring that application

for an extension on at the same time. It seems,

with respect - - -

MASON CJ: Well, that is a matter for you to determine.

What the Court is concerned with is hearing and disposing of the current application for special leave to appeal.

MR LARKIN:  Yes, Your Honour, and in that regard I would be

proposing to file an amended affidavit and an

amended application so far as the grounds of

appeal are concerned within a week.

MASON CJ: Well, you had better do it straight away, had you

not?

MR LARKIN:  Yes, Your Honour, I will certainly do it as soon

as I can, Your Honour.

MASON CJ: Yes. Yes, Mr Hastings?

MR HASTINGS:  I have nothing to say, Your Honours. I hear

all that and will await developments.

MASON CJ: Yes, very well, the matter will be left on that

footing.

MR LARKIN: If it please the Court.

AT 9.39 AM THE MATTER WAS ADJOURNED SINE DIE

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