R v Morrison

[2001] QCA 13

[2001] QCA 13

COURT OF APPEAL

de JERSEY CJ McPHERSON JA MACKENZIE J

CA No 150 of 2000

THE QUEEN

v.

NEIL MORRISON	Appellant
BRISBANE ..DATE 05/02/2001
05022001 T2/BP17 M/T COA12/2001

THE CHIEF JUSTICE: The way the appellant's present contention has been framed is that the relevant point was drawn to the attention of defence counsel at the time of the trial but not pursued.

Because the point is said to have been in the mind of the prisoner at the time of the trial, it is not presented as what would ordinarily be termed a fresh evidence case. The appellant will apparently be driven, therefore, to seek to establish that a miscarriage of justice occurred based on the unacceptability of the course taken by his legal representatives. He accordingly will carry a substantial burden.

This is what we would consider a relatively old appeal. A notice of appeal was filed on 8 June last year. This is the third time the appeal has been listed for hearing. We are constrained in the interests of justice to adjourn the hearing today. We note however that this will be the third time the hearing will have been adjourned at the request of the appellant.

To avoid any suggestion that the Court is being humbugged, the appellant should now be put upon strict time lines and with a clear understanding that the matter is now proceeding without further diversion to finality.

The issue of the appellant's physical capacity to carry out the alleged murders because of a suggested weakness in his right

05022001 T2/BP17 M/T COA12/2001

arm and hand is to be dealt with in an evidentiary sense by
affidavits. Any such affidavit material on behalf of the
appellant is to be filed and served on the Crown by 5 March
2001. Any affidavit material in response by the Crown is to be
filed and served on the appellant by 5 April 2001.

The matter is not to be relisted for hearing at the request of the appellant or the Crown unless the Registrar has been assured by the appellant's representatives that the affidavit material filed comprises the entirety of the further evidence on which the appellant would seek to rely.

The appeal is adjourned until a date to be fixed. In the event
of non-compliance by the appellant with the timetable just
referred to, the Registrar may relist the matter for the

purpose of its being disposed of.

-----