Police v Abram - [2011] QMC 22

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Police v Abram [2011] QMC 22

PARTIES:

POLICE

(prosecution)

COMMISSION OF THE QUEENSLAND POLICE SERVICE

(witness)

v

ABRAM, Geoffrey William

(applicant/defendant)

FILE NO/S:

MAG-00244364/10(1)

DIVISION:

Magistrates Courts

PROCEEDING:

Application for production of documents

ORIGINATING COURT:

Magistrates Court at Brisbane

DELIVERED ON:

23 August 2011

DELIVERED AT:

Brisbane

HEARING DATE:

26 July 2011

MAGISTRATE:

Judge Butler SC, Chief Magistrate

ORDER:

1. Items 7 and 9-13 of the Summons of a Witness are struck out;
2. I direct that the Commissioner of the Queensland Police Service:

Produce to the Court at the next adjournment date the documents referred to in Items 16 and 17 of the summons; and(a)

File with the Court and serve on the applicant any affidavit material in support of a claim of public interest immunity no later than 7 days prior to the next adjournment date.(b)

3. I direct that the Director of Public Prosecutions file with the Court and serve on the Applicant any affidavit material on the issue of possession of the documents referred to in Item 16 and 17 of the summons no later than 7 days prior to the next adjournment date.

4. Should the Director of Public Prosecutions seek to raise objection on the basis of public interest immunity to production of the documents referred to in Items 16 and 17, I further direct that the Director give notice to the Applicant under s590AQ and file with the Court and serve on the Applicant any material in support of that objection no later than 7 days prior to the next adjourned date.

CATCHWORDS:

CRIMINAL LAW – PRACTICE AND PROCEDURE – COMMITTAL PROCEEDINGS – APPLICATION FOR PRODUCTION OF DOCUMENTS SUBJECT OF SUMMONS OF A WITNESS - production of documents in Register of Covert Acts - public interest immunity – legitimate forensic purpose

Justices Act 1886 (Qld), s 78, s 83, s 83A

Police Powers and Responsibilities Act 2000 (Qld), s 673

COUNSEL:

B Ryan (sol) for the applicant

E Kennedy for the witness

MJ Hynes for prosecution

SOLICITORS:

Brendan Ryan Legal for the applicant

Queensland Police Service Solicitor for the witness

Director of Public Prosecutions for prosecutions

The applicant Geoffrey William Abram seeks production of documents pursuant to a summons of a witness directed to the Commissioner of the Queensland Police Service (the Commissioner) requiring that he attend before the Magistrates Court on 11 July 2011. On that date a legal representative appeared on behalf of the Commissioner and objected to production of certain requested documents. Also a legal representative appeared on behalf of the Director of Public Prosecutions who has carriage of the prosecution in this matter.

When the subject matter of the application was brought to my attention I advised the parties that I had, until 6 to 7 years ago, been a member of the Controlled Operations Committee in my position as Chairperson of the Crime and Misconduct Commission. Each of the parties indicated that they had no objection to my sitting…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police v Abram

Details

AGLC: Police v Abram [2011] QMC 22
Case: [2011] QMC 22
Decision Date: 23 August 2011

CaseChat Overview and Summary

In Police v Abram, the defendant sought the production of certain documents related to covert police activities as part of a committal proceeding. The case was heard in the Magistrates Court of Queensland, where the defendant sought to compel the police to disclose documents listed in a summons of a witness. The dispute centred on whether these documents were subject to a claim of public interest immunity and whether the police had a legitimate forensic purpose for their production.

The primary legal issues before the court were whether the documents listed in Items 7 and 9-13 of the Summons of a Witness should be struck out and whether the documents referenced in Items 16 and 17 could be produced to the court. The court had to determine whether the police could assert public interest immunity and whether there was a legitimate forensic purpose for the documents' production.

The court found that Items 7 and 9-13 of the Summons of a Witness were struck out due to lack of clarity and specificity in the description of the documents. Regarding Items 16 and 17, the court ruled that the Commissioner of the Queensland Police Service must produce these documents at the next adjournment, provided they were not subject to a valid claim of public interest immunity. The Commissioner was also directed to file and serve any relevant affidavit material within the stipulated timeframe. The Director of Public Prosecutions was similarly directed to file any affidavit material concerning the possession of these documents and to notify the applicant of any objection based on public interest immunity.

The court issued several orders, including the striking out of certain items from the summons, directing the Commissioner and the Director of Public Prosecutions to produce and file relevant affidavit material, and setting a deadline for these actions. Should the Director of Public Prosecutions object to the production of the documents on the basis of public interest immunity, they were instructed to provide notice to the applicant and file supporting material with the court.

Orders

Orders of the court

1. Items 7 and 9-13 of the Summons of a Witness are struck out;

2. I direct that the Commissioner of the Queensland Police Service:

Produce to the Court at the next adjournment date the documents referred to in Items 16 and 17 of the summons; and(a)

File with the Court and serve on the applicant any affidavit material in support of a claim of public interest immunity no later than 7 days prior to the next adjournment date.(b)

3. I direct that the Director of Public Prosecutions file with the Court and serve on the Applicant any affidavit material on the issue of possession of the documents referred to in Item 16 and 17 of the summons no later than 7 days prior to the next adjournment date.

4. Should the Director of Public Prosecutions seek to raise objection on the basis of public interest immunity to production of the documents referred to in Items 16 and 17, I further direct that the Director give notice to the Applicant under s590AQ and file with the Court and serve on the Applicant any material in support of that objection no later than 7 days prior to the next adjourned date.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Police v Abram [2011] QMC 22
PARTIES:	POLICE (prosecution) COMMISSION OF THE QUEENSLAND POLICE SERVICE (witness) v ABRAM, Geoffrey William (applicant/defendant)
FILE NO/S:	MAG-00244364/10(1)
DIVISION:	Magistrates Courts
PROCEEDING:	Application for production of documents
ORIGINATING COURT:	Magistrates Court at Brisbane
DELIVERED ON:	23 August 2011
DELIVERED AT:	Brisbane
HEARING DATE:	26 July 2011
MAGISTRATE:	Judge Butler SC, Chief Magistrate
ORDER:	1. Items 7 and 9-13 of the Summons of a Witness are struck out; 2. I direct that the Commissioner of the Queensland Police Service: Produce to the Court at the next adjournment date the documents referred to in Items 16 and 17 of the summons; and(a) File with the Court and serve on the applicant any affidavit material in support of a claim of public interest immunity no later than 7 days prior to the next adjournment date.(b) 3. I direct that the Director of Public Prosecutions file with the Court and serve on the Applicant any affidavit material on the issue of possession of the documents referred to in Item 16 and 17 of the summons no later than 7 days prior to the next adjournment date. 4. Should the Director of Public Prosecutions seek to raise objection on the basis of public interest immunity to production of the documents referred to in Items 16 and 17, I further direct that the Director give notice to the Applicant under s590AQ and file with the Court and serve on the Applicant any material in support of that objection no later than 7 days prior to the next adjourned date.
CATCHWORDS:	CRIMINAL LAW – PRACTICE AND PROCEDURE – COMMITTAL PROCEEDINGS – APPLICATION FOR PRODUCTION OF DOCUMENTS SUBJECT OF SUMMONS OF A WITNESS - production of documents in Register of Covert Acts - public interest immunity – legitimate forensic purpose Justices Act 1886 (Qld), s 78, s 83, s 83A Police Powers and Responsibilities Act 2000 (Qld), s 673
COUNSEL:	B Ryan (sol) for the applicant E Kennedy for the witness MJ Hynes for prosecution
SOLICITORS:	Brendan Ryan Legal for the applicant Queensland Police Service Solicitor for the witness Director of Public Prosecutions for prosecutions