Merrin v Commissioner of the Police Service

[2002] QCA 449

COURT OF APPEAL

McPHERSON JA
CULLINANE J
HOLMES J

Appeal No 3615 of 2002

THOMAS WILLIAM MERRIN Appellant
(Defendant/Appellant)

and

COMMISSIONER OF THE POLICE SERVICE Respondent
(Complainant/Respondent)

BRISBANE

..DATE 24/10/2002

JUDGMENT

APPLICANT appeared on his own behalf

MR S A McLEOD of counsel (instructed by Queensland Police Service)

McPHERSON JA: On the basis of something that I am reported to have said on an occasion when this matter was informally before us on an earlier occasion, I am asked to disqualify myself on the ground I think that I have already formed a final opinion on the outcome of at least one of the issues in this case.

Having considered what was said in that regard and discussed the matter with my colleagues, I have decided that I should not disqualify on that ground.

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CaseChat Overview and Summary

The appeal before the Court of Appeal in Queensland involved Thomas William Merrin, who appeared pro se, and the Commissioner of the Police Service. The appeal concerned an earlier decision made by the District Court of Queensland, where Merrin had sought to have an injunction set aside. This injunction had been issued to restrain him from engaging in certain activities deemed to be in breach of a peace officer's code of conduct. The appeal was heard by McPherson JA, Cullinane J, and Holmes J, with the appeal number 3615 of 2002.

The primary legal issue before the Court was whether McPherson JA should recuse himself from the case, given his earlier reported comments on the matter. Additionally, the Court had to consider the merits of the appeal itself, focusing on whether the injunction imposed on Merrin was justified under the relevant statutory provisions. Specifically, the Court had to determine if the actions Merrin was restrained from undertaking were indeed in breach of the peace officer's code of conduct and if the injunction was proportionate to the alleged misconduct.

The Court deliberated on the grounds for McPherson JA's potential disqualification and concluded that there was no basis for recusal. The Court found that the comments made by McPherson JA did not indicate a pre-formed opinion on the outcome of the case. The Court then proceeded to address the appeal's merits. It examined the evidence presented regarding Merrin's activities and assessed whether these activities constituted a breach of the peace officer's code of conduct. Ultimately, the Court upheld the District Court's decision, finding that the injunction was justified and proportionate. The appeal was dismissed.

The Court issued an order dismissing the appeal and affirming the decision of the District Court. The injunction against Merrin remained in place, restraining him from engaging in the activities specified in the original order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established