| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2017 0121
| THE QUEEN |
| v |
| KAMIL YUCEL |
---
JUDGE: | Beale J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 7, 8, 12 and 15 February 2018 |
DATE OF RULING: | 16 February 2018 |
CASE MAY BE CITED AS: | R v Yucel (Ruling No 4) |
MEDIUM NEUTRAL CITATION: | [2018] VSC 62 |
---
CRIMINAL LAW – Criminal Procedure – Whether to reserve a question of law for the Court of Appeal in respect of a public interest immunity ruling requiring the Commonwealth to disclose certain information to an accused charged with murder – Whether Court has power to reserve question of law where Court has ruled on the public interest immunity claim and where the Commonwealth is not a party to the proceeding against the accused – Whether appropriate to reserve question of law – Question of law reserved – Criminal Procedure Act 2009 ss 302, 305, 337 – R v Yucel (Ruling No 3) [2018] VSC 51 – DPP (Cth) vGalloway (a pseudonym) & Ors [2014] VSCA 272; (2014) 46 VR 809.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr M Rochford QC with Ms N Warda | Office of Public Prosecutions |
| For the Accused | Mr P Morrissey SC Ms G Morgan | Steven Andrianakis & Associates |
| For the Commonwealth | Mr G Livermore | Australian Government Solicitors Office |
HIS HONOUR:
Introduction
In R v Yucel (Ruling No 3),[1] handed down on 13 February 2018, I rejected the Commonwealth’s claim of public interest immunity (PII) in respect of the last three paragraphs[2] on page 3 of a draft Intelligence Bulletin titled ‘Fatal Shooting of Rahat Khan on 12 July 2016 and dated 27 July 2016 (the Information). I ordered the Commonwealth to disclose the Information to the defence in the trial of Mr Yucel on a charge of murder. The Commonwealth sought a stay of my order to preserve their rights of appeal. Without objection, I stayed my order until further order.
[1]This ruling should be read in conjunction with R v Yucel (Ruling No 1) [2017] VSC 807, R v Yucel (Ruling No 2) [2018] VSC 27 and R v Yucel (Ruling No 3) [2018] VSC 51.
[2]Including footnotes 5 & 6.
The Commonwealth asked me to reserve a question of law under s 302 of the Criminal Procedure Act 2009 (the Act) as to the correctness of my decision in R vYucel (Ruling No 3). The question of law which the Commonwealth proposed was:
whether on the material filed before [me] it was correct to rule that the public interest in disclosure of the subject three paragraphs outweighed the public interest in non‑disclosure of those three paragraphs.
The defence opposed the application,[3] submitting that I have no power to reserve a question of law under s 302 of the Act. In written submissions, the defence relied on the fact the Commonwealth is not a party to the criminal proceeding against Mr Yucel and…
Continue reading R v Yucel (Ruling No 4)
Sign in free to access the full text
- AGLC
- R v Yucel (Ruling No 4) [2018] VSC 62
- Case
- [2018] VSC 62
- Decision Date
CaseChat Overview and Summary
The Supreme Court considered the provisions of the Criminal Procedure Act 2009, specifically sections 302, 305, and 337, which pertain to the reservation of questions of law. The Court also referred to previous cases, including R v Yucel (Ruling No 3) [2018] VSC 51, and DPP (Cth) v Galloway (a pseudonym) & Ors [2014] VSCA 272; (2014) 46 VR 809. The Court held that it did indeed have the power to reserve a question of law, despite the Commonwealth not being a party to the proceeding. The Court found it appropriate to reserve the question of law in this instance, as it involved a significant issue of public interest immunity with potential implications for the administration of justice.
In conclusion, the Supreme Court of Victoria reserved the question of law concerning the public interest immunity ruling and referred it to the Court of Appeal. The Court's decision was based on its interpretation of the relevant statutory provisions and the precedents set by previous cases. This ruling ensures that the matter of public interest immunity and its application in criminal proceedings against Mr Yucel will be further examined by the higher court.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.