Sarath Lakshman Hettiarachchi v The Queen

[2013] HCASL 5

SARATH LAKSHMAN HETTIARACHCHI

v

THE QUEEN

[2013] HCASL 5
M96/2012

1. The applicant was convicted in the Supreme Court of Victoria of murdering his parents-in-law.  He applied for leave to appeal against his conviction to the Court of Appeal of the Supreme Court of Victoria on various grounds:  an alleged misdirection on the standard of proof, a complaint about the reception of bad character evidence, a contention that the trial judge erred in his direction on relationship evidence, a contention that the trial judge erred in his direction on circumstantial evidence, and a claim that the verdict was unsafe and unsatisfactory.  The application was dismissed.  An application for special leave to appeal to this Court was considered by Hayne and Crennan JJ, but dismissed on 9 February 2012. 

2. The applicant has now applied again for special leave to appeal against the Court of Appeal's order.  The Draft Notice of Appeal contains 20 grounds.  Some of these relate to those already dealt with by the Court of Appeal.  Others are novel.  The papers offer no explanation as to why the arguments were not previously raised.  This application is an abuse of process and must be dismissed.

3. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

J.D. Heydon
26 February 2013 V.M. Bell