O'Connor v Op

[2016] QSC 38

SUPREME COURT OF QUEENSLAND

CITATION:

O’Connor v OP [2016] QSC 38

PARTIES:

DANIEL MICHAEL O’CONNOR

(Applicant)

v
OP

(Respondent)

FILE NO/S:

SC No 480 of 2015

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Cairns

DELIVERED EX-TEMPORE ON:

15 February 2016

DELIVERED AT:

Cairns

HEARING DATE:

12 February 2016

JUDGE:

Henry J

ORDER:

1.   The respondent be punished for his contempt, by imprisonment for three months.

2.   Liberty to apply on giving of two days notice in writing.

3.   The originating application, the amended originating application, the order of 17 December 2015, the certificate and the affidavit, along with the respective outlines of submissions and any annexures thereto and a transcript of these reasons entitled with the respondent’s actual name, be placed in an envelope which is to be sealed and marked not to be opened without an order of the Supreme Court or any Court which may be sentencing the respondent.

CATCHWORDS:

COURTS AND JUDGES – CONTEMPT – PARTICULAR CONTEMPTS – INTERFERENCE WITH COURSE OF JUSTICE AND ADMINISTRATION OF LAW – EXERCISE OF STATUTORY POWER TO OBTAIN INFORMATION – where a notice to attend a hearing was issued to the respondent in relation to a Crime and Corruption Commission major crime investigation – where the respondent indicated he would not  answer questions likely to incriminate his own parent – where the respondent refused to take the oath – whether the respondent committed contempt

CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE BODIES – QUEENSLAND – where the respondent failed to take an oath when required at a hearing – where failing to take an oath is an offence under s 183 of the Crime and Corruption Act 2001 (Qld) – where failing to take an oath can be punished as a contempt under s 199 of the Crime and Corruption Act 2001 (Qld) – whether the respondent should be punished for contempt

COUNSEL:

S Williams for the Applicant

SOLICITORS:

Crime and Corruption Commission for the Applicant

Philip Bovey & Company Lawyers for the Respondent

HIS HONOUR:   A delegate of the Chairman of the Crime and Corruption Commission (CCC) approved commencement of a major crime investigation on the 24^th of August 2015.  The main target of that investigation was MN.  The respondent, OP, is MN’s son.  The criminal activity to be investigated was stipulated by the delegate to be:

(a) organised crime;
(b) occurring since 1 January 2004;
(c) that involves MN and MN’s associates;  and
(d) that involves –

·an offence of trafficking, supplying, producing and/or otherwise dealing in dangerous drugs (including but not limited to methylamphetamine, cannabis, cocaine and heroin) and/or relevant substances or things, contrary to the Drugs Misuse Act 1986;

·an offence of trafficking, supplying or possessing weapons, contrary to the Weapons Act 1990;

·an offence of money-laundering, contrary to the Criminal Proceeds Confiscation Act 2002;

·an offence against the administration of justice, contrary to part 3 of the Criminal Code; and

·an offence relating to prostitution, contrary to part…