R v Wilkie

[2008] NSWSC 951

CITATION:	R v Wilkie [2008] NSWSC 951
HEARING DATE(S):	24 July 2008
JUDGMENT DATE :	24 July 2008
JURISDICTION:	Common Law
JUDGMENT OF:	Michael Grove J
EX TEMPORE JUDGMENT DATE:	24 July 2008
DECISION:	Adjournment granted
CATCHWORDS:	CRIMINAL LAW AND PROCEDURE - Application to adjourn commencement of trial
CATEGORY:	Procedural and other rulings
PARTIES:	REGINA (Commonwealth) - Crown Daniel WILKIE - Accused
FILE NUMBER(S):	SC 2007/2619
COUNSEL:	A MacSporran SC; M Wigney SC; T Berberian - Crown L Robberds QC; M Thangaraj - Accused
SOLICITORS:	Commonwealth Director of Public Prosecutions - Crown Speed & Stracey - Accused

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

MICHAEL GROVE J

Thursday 24 July 2008

2007/00002619 REGINA v Daniel WILKIE

JUDGMENT – Application for adjournment of trial date

1 HIS HONOUR: As would have been apparent from the remarks I made in exchange with Senior Counsel for the accused, I am singularly unimpressed by the basis upon which it is suggested that the accused cannot be ready for trial until Monday 25 August. At a previous mention hearing it was apparently suggested that the accused could be ready at least a couple of weeks earlier than that, but that position seems to have altered.

2 The comment by leading counsel for the Crown that the affidavit filed today of Hugh Robert Scott represents no more than a trawling through of material which must have been well known to those advising Mr Wilkie, is clearly correct. The problem is however that if I force the accused to a trial earlier than he claims to be ready for, then that only adds to the possibility of an ultimate complaint about mistrial.

3 I have said what I said. I regard this application as bordering upon the edge of failing to be even bona fide. Nevertheless, in order to avoid the problems which may follow forcing this unwilling group of legal advisors and their client to commence the trial, I propose to fix the trial to start on Monday 25 August. Unless something quite extraordinary happens, the parties can expect that it will proceed on that date, and at considerable expense to the community in general there will have to be a large jury panel summonsed for that day. Those who have responsibilities to the court as well as to their clients may bear that in mind.

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