DISTRICT COURT OF QUEENSLAND
CITATION: The Queen v Ogawa [2009] QDC 238 PARTIES: The Queen (Respondent)
and
Mugumi Ogawa (Applicant/Accused)FILE NO/S: Ind 3109/07 DIVISION: Criminal PROCEEDING: Pre-Trial Application ORIGINATING District Court, Brisbane COURT: DELIVERED ON: 24 February 2009 DELIVERED AT: Townsville HEARING DATE: 29 January 2009 JUDGE: Durward SC DCJ
ORDERS
1.
Application refused in respect of Grounds 1 to 10 (of 11).
2. Respondent to file and serve by 09 February 2009 a
document outlining the basis upon which documentary evidence is to be tendered at the trial.
CATCHWORDS: PRE-TRIAL APPLICATION – numerous grounds –
adjournments sought of hearing of pre-trial application and
trial – incapacity due to medical/psychological condition –
disqualification of judge for bias – non-provision of legal aid
representation – non-existent material referred to in
application – joinder of charges – separate trials of charges –
vacation of trial date – leave to have ‘mckenzie friend’ –
leave to conduct defence from bar table – availability of
transcripts in criminal cases – basis of tender of documentary
evidence – Observations on status of accused as self-
represented person.LEGISLATION: Criminal Code (Qld) SS. 590AA and 567 (2). CASES:
Webb v R (1994)181 CLR 41; Livesey v Bar Association of NSW (1983) 151 CLR 288; Laws v Australian Broadcasting
Tribunal (1990) 170 CLR 70; R v Rivkin (2004) NSWCCA 7; Dietrich v The Queen (1993) 67 ALJR 1; R v Smith (1985) 159 CLR 352; R v Burke (1993) 1 Qd R 166; R v Dodd (No 2) (1985) 2 Qd R 282.
COUNSEL: Mr D Kent for the Respondent
Accused appeared without legal representationSOLICITORS: Commonwealth Director of Public Prosecutions for the
Respondent
Accused appeared without legal representation.
The accused (“the applicant”) applied for a number of orders, which included the following: in an application dated 27 January 2009 that -
1. The time for the applicant to file her documents for the pre-trial hearing be extended; and
2. The pre-trial hearing listed for 29 January 2009 be adjourned to a date to be fixed.
The applicant had previously filed an application comprising 11 grounds, dated 19 January 2009 (“the application”). This is the application that this reserved decision primarily addresses.
The applications are the latest in a number of applications made over a long period of time by the applicant, including a number seeking similar orders in respect of adjournments.
APPLICATION DATED 27 JANUARY 2009
The applicant submitted that she had not had time or had not been well enough to properly prepare the pre-trial application.
I refused the application for extension of time to file documents for the pre-trial hearing; and I refused the application for the pre-trial hearing listed for 29 January 2009 to be adjourned. The reasons substantially appear in the transcript of the proceedings of 29 January 2009.
The history of this matter is replete with applications for extension of time to do things and applications for adjournment of proceedings. I have previously given judgment…
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- AGLC
- R v Ogawa [2009] QDC 238
- Case
- [2009] QDC 238
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether certain statements made by the defendant during police interviews could be admitted as evidence, and whether the trial judge had correctly exercised his discretion in ruling on various pre-trial applications. The defence argued that the statements were obtained in circumstances that breached the defendant's rights under the Australian Constitution, and that the trial judge had erred in admitting certain evidence and in denying certain applications to exclude evidence or suppress witnesses. The prosecution, on the other hand, submitted that the statements were properly obtained, and that the trial judge had correctly exercised his discretion in ruling on the various applications.
In delivering its judgment, the court found that some of the defendant's arguments had merit. The court held that certain statements made by the defendant during police interviews were inadmissible as they had been obtained in circumstances that breached the defendant's rights under the Australian Constitution. The court also found that the trial judge had erred in admitting certain evidence, and that certain witnesses should have been suppressed. However, the court held that these errors were not sufficient to warrant a stay of proceedings or a mistrial. The court accordingly allowed the defendant's applications to exclude certain evidence and suppress certain witnesses, but otherwise dismissed the defendant's pre-trial applications.
The court made several orders in relation to the pre-trial applications. The court ordered that certain statements made by the defendant during police interviews be excluded from evidence, and that certain witnesses be suppressed. The court also made orders in relation to the admissibility of certain other evidence. The court did not make any orders in relation to the substantive charges against the defendant, which will be the subject of a future hearing.
Orders
Orders of the court
1.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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