Mihailovic v The Queen; Morgan v The Queen

The High Court of Australia heard applications for special leave to appeal in the matters of *Mihailovic v The Queen* and *Morgan v The Queen*. The applicants, represented by Mr L.R.H. Lord, QC, and Mr G.R. James, QC respectively, sought leave to appeal against decisions of the Crown, represented by the Solicitor-General for New South Wales, Mr K. Mason, OC. The proceedings involved extensive appeal books and a summary of argument designed to cover both applicants' cases, with a particular focus on the evidence of French and Jong and the trial judge's attitude towards it.

The central legal issues before the Court concerned the interpretation of the Director of Public Prosecutions Act, specifically the Director's power to terminate a prosecution or direct no further proceedings. While the applicants initially raised questions regarding these powers, they conceded that the Director does possess the authority to direct no further proceedings. The Court also considered whether certain matters had been raised at first instance and the sufficiency of the material presented in the appeal books, particularly concerning the evidence of French and Jong and its implications for the culpability of all four individuals involved.

The Court was required to determine the precise nature and effect of the Director's power to direct no further proceedings, distinguishing it from a *nolle prosequi*. The applicants accepted that the Director had the power to direct no further proceedings, but the precise legal effect of such a direction, particularly in relation to the historical common law concept of a *nolle prosequi*, was a point of discussion. The Court's reasoning focused on the statutory interpretation of the Director of Public Prosecutions Act and its procedural implications.