R v Quami (No 11)

In this matter, Quami was charged with criminal offences and the Crime Commission of Victoria was involved in the investigation and prosecution. Quami sought the release of transcripts of evidence given at the Crime Commission to his legal representatives. The Crime Commission opposed this application, arguing that the transcripts were protected and should not be released. The application was brought before the Supreme Court of Victoria to determine the correct procedure in these circumstances.

The primary issue before the court was whether the transcripts of evidence given at the Crime Commission could be released to the accused and his legal representatives. The court had to consider the relevant factors to the interests of justice, including fairness of the trial proceedings, the danger to witnesses, and the right of witnesses to be heard. The court also needed to determine whether the submissions were taken in the absence of the accused and his legal representatives, and whether this was appropriate in the circumstances.

The court found that the submissions were taken in the absence of the accused and his legal representatives. However, the court held that this did not necessarily mean that the application should be dismissed. The court considered the relevant factors to the interests of justice and found that the danger to witnesses and the right of witnesses to be heard were significant factors that needed to be balanced against the need for fairness in the trial proceedings. Ultimately, the court found that the interests of justice required that the transcripts be released to the accused and his legal representatives. The court held that the Crime Commission's opposition to the application was not sufficient to outweigh the need for fairness in the trial proceedings.

The court ordered that the transcripts of evidence given at the Crime Commission be released to the accused and his legal representatives. The court also ordered that the Crime Commission pay the costs of the application.