R v McKellar (No 2)

The case of R v McKellar (No 2) involved the accused, McKellar, who faced a special hearing concerning a charge of murder. The hearing was conducted in the Supreme Court of Victoria. McKellar voluntarily absented himself from the special hearing, which raised the question of whether the hearing could proceed in his absence.

The legal issue before the court was whether the special hearing could continue without the presence of the accused. This involved determining whether the court's power to conduct such a hearing was dependent on the physical presence of the accused. The court needed to balance the rights of the accused to be present with the interests of justice and the need to efficiently manage court resources.

The court held that the special hearing could proceed in the absence of the accused. It was determined that the statutory provisions allowed for a hearing to continue even if the accused did not attend. The court reasoned that the absence of the accused did not impede the fairness of the proceedings, as the primary function of a special hearing is to determine issues of law and fact that do not require the direct participation of the accused. The court emphasised that the rights of the accused could be adequately protected through legal representation and that the proceedings could still be fair and just in the accused's absence.

The final orders of the court were that the special hearing could proceed without the accused's presence, and that any findings or decisions made during the hearing would be valid and binding. The court also noted that McKellar's absence did not prevent the hearing from being conducted in a manner that was fair and just, and that the accused's rights were protected through legal representation.