Morrison v the Queen B43/2001

[2003] HCATrans 847

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B43 of 2001

B e t w e e n -

NEIL MORRISON

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

CALLINAN J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 25 JUNE 2003, AT 1.11 PM

Copyright in the High Court of Australia

CALLINAN J:   Mr Wiltshire, do you continue to appear for the applicant?

MR C.J.R. WILTSHIRE:   Yes, if your Honour pleases, I seek leave to appear amicus curiae.  I no longer hold instructions to appear for the applicant.  (instructed by Forest Lake Lawyers)

MRS L.J. CLARE:   Yes, again, I appear with my learned friend, MR M.J. COPLEY, for the respondent.  (instructed by Director of Public Prosecutions (Queensland))

CALLINAN J:   Mr Wiltshire, the difficulty about that is that – have you seen this letter that the applicant has written?

MR WILTSHIRE:   I have, your Honour.

CALLINAN J:   It is the one in which he says that he no longer wishes to have you as his counsel.

MR WILTSHIRE:   That is so, your Honour.

CALLINAN J:   And he seeks an adjournment, as I understand it.

MR WILTSHIRE:   That is so.

CALLINAN J:   I do not think we can hear somebody who is here against the wishes, even as an amicus curiae, of the applicant.

MR WILTSHIRE:   Your Honour, my submission would be that if your Honours were not minded to grant the applicant the adjournment he clearly now seeks, that in the interests of justice I should be permitted to appear amicus curiae ‑ ‑ ‑

CALLINAN J:   So it is with that qualification.  It is only if the matter is not adjourned?

MR WILTSHIRE:   That is so, your Honour.

CALLINAN J:   Thank you, Mr Wiltshire.  You would not have any objection to the matter being adjourned in the circumstances?

MRS CLARE:   No, your Honour, it is difficult to resist such an application particularly given that the conviction is for murder.  I do express some concern about the passage of time in relation to this matter.  The conviction occurred three years ago.  The outlines of submissions were filed

two years ago.  So time is marching on and, again, this morning’s events, of course, occurred at the eleventh hour.

CALLINAN J:   I can understand your concern about that and perhaps we should make the decision clear that if and when a fresh date is set for this matter it will be expected that the applicant make all such submissions as he wishes to make and he should understand that the matter will be dealt with on that date.

MRS CLARE:   I thank your Honour for that information.

CALLINAN J:   Thank you, Mr Wiltshire.  Thank you, Mrs Clare.  The matter is adjourned to a date to be fixed.

AT 1.14 PM THE MATTER WAS CONCLUDED