R v Batt

[2001] QCA 388

[2001] QCA 388

COURT OF APPEAL

WILLIAMS JA
CHESTERMAN J
ATKINSON J

CA No 379 of 2000

THE QUEEN

v.

MATTHEW GORDON BATT              Appellant

BRISBANE

..DATE 14/09/2001

ORDER

WILLIAMS JA:  I think that is the view that, at this stage, has been expressed by at least two members of this Court and I think Justice Chesterman is really of a similar view.  But it does seem to me that in the interests of justice the appeal should not be summarily dismissed at this stage.

MS CLARE:  They are serious charges, that is so.

WILLIAMS JA:  Yes, yes.

MR WHITE:  Your Honour, perhaps I should indicate that Ms Clare did make the point she did to me before.  It is not appropriate to rely upon double hearsay in those circumstances.  It is not germane to the matter in any way.

WILLIAMS JA:  Well, now, I do understand from the Registry, and I want you to listen carefully to this Mr Batt, I do understand from the Registry that the matter can be listed very early in November.  Now, the matter should proceed then.  That will be the third time that it has been listed.  What I propose to do is to make some directions:

(1)Firstly, particulars of the contention that the verdict is unsafe, unsound and unreasonable should be suppled by 5 October;

(2)That any affidavits relating to fresh evidence and grounds on which the application to adduce fresh evidence will be based should be also filed by that date, 5 October;

If the appellant is to conduct his own case, if that is what should ultimately happen, then the record book should be supplied to the appellant by 12 October at the latest and an outline of submissions should be submitted by 17 October.  Now, Mr Batt, you heard what I said?

PRISONER:  Yes, your Honour.

WILLIAMS JA:  Now, it is up to you to co-operate with your solicitors and to ensure that they meet those deadlines.  If you do no co-operate or if for any reason the solicitors do not proceed with acting on your behalf then you will have to argue any appeal on your own and that will mean, as I say, your having to prepare an outline and submit to the Court by 17 October;  do you understand that?

PRISONER:  Yes, your Honour.

WILLIAMS JA:  The directions that I have indicated should also contain a provision:

That any additional grounds of appeal should be particularised by 5 October.

So, the first direction will be "particulars of the contention that the verdict is unsafe and unreasonable and any additional grounds of appeal should be provided by 5 October.  Anything further that you would seek by way of directions, Ms Clare?

MS CLARE:  No, thank you, your Honour.

WILLIAMS JA:  I will also direct that a copy of the directions order made today be sent to the appellant personally at Lotus Glen so he is fully appraised of the situation, Mr White.

MR WHITE:  Yes, thank you, your Honour.

WILLIAMS JA:  Well, the directions will be as I have indicated and the matter will be adjourned to a date to be fixed.  We will now terminate the link with you, Mr Batt.  There is nothing you want to say to the Court at this stage?

PRISONER:  Would Mr Bax be in the courtroom?

WILLIAMS JA:  Sorry?

PRISONER:  Would my barrister, Mr Bax, is he in the courtroom now?

WILLIAMS JA:  He is in the courtroom, yes.

MR WHITE:  Not Mr Bax, your Honour.

WILLIAMS JA:  Sorry, not Mr Bax.  Mr White is appearing.  He is from Baker Johnson, the same firm, as Mr Bax.  Well, any rate they will be in‑‑‑‑‑

PRISONER:  Right.

WILLIAMS JA:  They will be in touch with you and you will get a copy of the directions and you understand the position.  You will have to be ready to proceed on the date in early November.  You understand that? 

PRISONER:  Yes, your Honour.

WILLIAMS JA:  All right.  We can now terminate the video link and the directions will be as I have indicated.

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