SUPREME COURT OF QUEENSLAND
CITATION:
Re Singh, Miller and Brush [2022] QSC 44
PARTIES:
BRODIE JEET SINGH
(applicant)
v
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTION(respondent)
FILE NO:
BS No 1513 of 2022
PARTIES:
NATHAN JOHN MILLER
(applicant)
v
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTION(respondent)
FILE NO:
BS No 1519 of 2022
PARTIES:
GARRY JAMES BRUSH
(applicant)v
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTION(respondent)
FILE NO:
BS No 1520 of 2022
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
5 April 2022
DELIVERED AT:
Brisbane
HEARING DATE:
15 February 2022, 22 March 2022
JUDGE:
Davis J
ORDER:
In each application:
1. The application is dismissed.
2. The matter be referred to each of:
a. The Officer in Charge, Ethical Standards Command of the Queensland Police Service;
b. The Minister for Police; and
c. The Crime and Corruption Commission Queensland.
CATCHWORDS:
CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL - FURTHER APPLICATIONS - where three applicants for bail were charged with offences including murder - where an investigating police officer swore an objection to bail affidavit - where the objection to bail affidavit asserted the existence of crucial evidence - where the crucial evidence did not exist - where bail applications were dismissed - where further bail applications were brought - where the Magistrate did not commit the applicants for trial for murder - applications for bail no longer necessary - applications dismissed
POLICE - INTERNAL ADMINISTRATION - DISCIPLINE - where the applicants were charged with offences including murder - where an investigating officer swore an objection to bail affidavit - where the objection to bail affidavit asserted the existence of crucial evidence - where the crucial evidence did not exist - where bail applications were refused based on the objection to bail affidavit - where the officer acknowledged in evidence at the committal proceedings that the evidence did not exist - where the police officer asserts that the affidavit was sworn in error - whether the case should be referred for disciplinary investigation
Bail Act 1980, s 7, s 15, s 16
Ex parte Edwards [1989] 1 Qd R 139, cited
Gant v Magistrate Kucks [2013] QSC 285, cited
Purcell v Venardos (No 2) [1997] 1 Qd R 317, cited
Sica v Director of Public Prosecutions (Qld) [2011] 2 Qd R 254, citedCOUNSEL:
S Holt QC for the applicant Singh
A Djemal for the applicant Miller on 15 February 2022
A Edwards for the applicant Brush
No appearance for the applicant Miller on 22 March 2022S Gallagher for the respondent
SOLICITORS:
Dib & Associates for the applicant Singh
Grant Lawyers for the applicant Miller
Ashkan Tai Lawyers for the applicant BrushOffice of the Director of Public Prosecutions for the respondent
The three applicants for bail were charged with murder. Ultimately, the bail applications were not heard as the committal proceedings were concluded and all three applicants were discharged. By consent, the bail applications were then…
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- Case
- [2022] QSC 44
- Decision Date
CaseChat Overview and Summary
The court concluded that the Crown had not provided any admissible evidence to support their case against the applicants. The court found that the police officer had sworn an affidavit without viewing the footage and that the evidence relied upon for the bail applications was false. The court emphasised the importance of objectivity and responsibility when police officers present information before the court on a bail application. The court decided to dismiss the bail applications and referred the matter to the Ethical Standards Command of the Queensland Police Service, the Minister for Police, and the Crime and Corruption Commission for investigations.
Orders
Orders of the court
In each application:
1. The application is dismissed.
2. The matter be referred to each of:
a. The Officer in Charge, Ethical Standards Command of the Queensland Police Service;
b. The Minister for Police; and
c. The Crime and Corruption Commission Queensland.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.