| IN THE HIGH COURT OF AUSTRALIA |
| Office of the Registry |
Sydney No Sl43 of 1990 B e t w e e n
THE QUEEN
Applicant
and
ROGER CALEB ROGERSON
First Respondent
MORRIS ENRICO NOWYTARGER
Second Respondent
NICHOLAS JOHN PALTOS
Third Respondents
Application for special
leave to appeal
| Rogerson | 1 | 5/11/91 |
MASON CJ
BRENNAN J
DEANE J
TOOHEY J
MCHUGH J
TRANSCRIPT OF PROCEEDINGS
AT CANBERRA ON TUESDAY, 5 NOVEMBER 1991, AT 10.16 AM
Copyright in the High Court of Australia
MR K. MASON, QC, Solicitor-General for New South Wales: If
the Court pleases, I appear with my learned friend,
MR G.E. SMITH, for the applicant. (instructed by
the Director of Public Prosecutions (New South
Wales)
MR K.G. HORLER, QC: If the Court pleases, I appear for the first-named respondent, Roger Caleb Rogerson, with
my learned friend, MR P. BYRNE. (instructed by
O'Connor Bellamy)
| MR T.E.F. HUGHES. QC: | May it please the Court, I appear |
with my learned friend, MR A.J. PHILPOTT, for the
second respondent, Nowytarger. (instructed by
O'Connor Bellamy)
| MR R. RICHTER, QC: | May it please the Court, I appear with |
my learned friend, MRS.A. SHIRREFS, for the third
respondent, Paltos. (instructed by Pryles &
Defteros)
MR D.J. ROSE: If the Court pleases, I appear for the
Attorney-General of the Commonwealth, intervening
to support the applicant, but limited to the
principles concerning the grant of special leave.(instructed by the Australian Government Solicitor)
MR J.J. DOYLE, OC, Solicitor-General for South Australia:
If the Court pleases, I appear with my learned
friend, MS J.F. LEE-JUSTINE, to intervene on behalf
of the State of South Australia, also to support
the applicant, and likewise confined to the issue
of the proper principles on a grant of specialleave. (instructed by the Crown Solicitor for
South Australia)
As my submissions are confined to the proper
approach to the interpretation of section 35A, I seek leave to address submissions to that issue.
| MASON CJ: Any opposition to the grant of leave? Leave is |
granted, Mr Solicitor. Yes, Mr Solicitor for
New South Wales.
| MR MASON: | Your Honours, the case at trial is summarized |
quite conveniently in the written submissions filed
on behalf of Mr Rogerson before the Court of
Criminal Appeal and in volume IV of the application
book, pages 876-877, there appears a summary of the
Crown case and a summary of the defence case in
under one page:
Rogerson and Nowytarger placed $119,000 into
bank accounts in false names. On 1 July 1985 they closed the accounts and were filmed doing
so. They later became aware of this fact and
realised that Rogerson "would have to have an
| Rogerson | 5/11/91 |
explanation for having a large sum of money in
false names in the bank" because "an
investigation would take place ... as to the
source of the money and its legitimacy".
Your Honours, at that stage Mr Rogerson was a
police officer, but a suspended police officer.
The police became aware of it on 16 July, the
Taxation Department on 19 July.…
Continue reading Reg v Rogerson
Sign in free to access the full text
- AGLC
- Reg v Rogerson [1991] HCATrans 311
- Case
- [1991] HCATrans 311
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the actions of the respondents, specifically the concocting of a false explanation for the source of funds, constituted the offence of improperly interfering with the administration of justice, which includes the process of investigating crime by police. The court was required to consider the nature of the agreement to create a backdated sale agreement for the Bentley and the subsequent assertions of its validity to the police as evidence of this interference.
The court's reasoning focused on the agreement to "concoct a story" to explain the source of the money, which was understood to be unlawfully obtained. The creation of a backdated sale agreement for the Bentley, which was common ground at trial, was central to this fabricated explanation. By asserting the validity of this agreement to the police during interviews, Rogerson, Nowytarger, and Karp allegedly sought to mislead the investigation and improperly interfere with the process of determining the source and legitimacy of the funds. The court considered that the purpose of backdating the agreement was a key element in determining whether it was part of an attempt to improperly interfere with public justice.
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.