R v Vilayur (No 2)

The respondent, Vilayur, applied to the Supreme Court of the Australian Capital Territory for the indictment against him to be quashed and for the proceedings to be permanently stayed. The application was based on the alleged illegal procurement of evidence by the Commonwealth. The case was heard by the Supreme Court, which was required to determine whether the proceedings were "foredoomed to fail" and if the conduct constituting the offending was illegally procured by the Commonwealth. Additionally, the court needed to assess whether the prosecutorial process was oppressive and vexatious and whether the Crown's failure to disclose material in the brief of evidence constituted a failure in the disclosure process.

The court found that there was no concession that the evidence was illegally obtained, and the prosecutorial process was not oppressive or vexatious. Furthermore, the court held that the voluminous material produced under subpoena did not amount to a failure in the disclosure process. The court also found that the application for the indictment to be quashed and the application for a permanent stay of the proceedings were without merit. Consequently, the court dismissed both applications.

The court's reasoning was based on the lack of concession that the evidence was illegally obtained, the absence of an oppressive and vexatious prosecutorial process, and the adequacy of the disclosure process. The court held that the proceedings were not "foredoomed to fail" and that there was no basis for setting aside the proceedings under the relevant rules. The court's decision was based on a careful consideration of the legal principles and the facts of the case, and it resulted in the dismissal of both applications made by the respondent.