SUPREME COURT OF QUEENSLAND
CITATION:
Scott v Witness C [2009] QSC 35
PARTIES:
MICHAEL JOHN SCOTT
(Applicant)
v
WITNESS C
(Respondent)FILE NO/S:
536 of 2008
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court, Cairns
DELIVERED ON:
4 March 2009
DELIVERED AT:
Cairns
HEARING DATE:
21 November 2008
JUDGE:
Jones J
ORDER:
1. The application is dismissed.
2. The applicant pay the respondent’s costs to be assessed on the standard basis.CATCHWORDS:
CRIMINAL LAW – STATE INVESTIGATIVE AUTHORITIES – QUEENSLAND – crime and misconduct commission – special investigation - statutory requirement that the examinee answer questions – contempt of the hearing commissioner - whether the application contravened s 190 of the Crime and Misconduct Act 2001 – whether there was a valid referral to the commission as required by the Act and by repealed legislation
Crime and Misconduct Act 2001 ss 5, 25, 28(3), 26, 27, 28, 176, 190, 199, 200, 274, 277, 278, 291, 303, 324, 355
Crime Commission Act 1997 repealed legislation ss 28, 38, 46(7)
Uniform Civil Procedure Rules 1999 rr 925, 926, 930, 931, 932
Western Australian Crime and Misconduct Act 2003 ss 163(1), 163(2)Brading v Thornton (1947) 75 CLR 140
Callanan v Beale unreported No 373/08
Callanan v Eyre unreported No 10763/03
Callanan v Schultz unreported No 1442/04
Coward v Stapleton (1953) 90 CLR 573
Electrolux Home Products Pty Ltd v Australian Workers Union (2003) 78 ALJR 1231
Hammond v Aboudi [2005] WASCA 204
Keeley v Brooking (1979) 143 CLR 162
Macarone v McKone (1986) 1 Qd R 284
MacGroarty v Clauson (1989) 167 CLR 251
Plaintiff S 157/2002 v Commonwealth [2003] 211 CLR 476
R v Brisbane TV Ltd; Ex parte Criminal Justice Commission (1996) 2 Qd R 41.COUNSEL:
Mrs S Pearson for the applicant
Mr J Trevino for the respondentSOLICITORS:
Mr D T Murphy, Official Solicitor Crime and Misconduct Commission for the applicant
Wettenhall Silva for the respondent
By this Originating Application the applicant seeks to have the respondent committed to prison or otherwise punished for his contempt of the applicant, as the presiding officer, at a Crime and Misconduct Commission hearing conducted pursuant to s 176 of the Crime and Misconduct Act 2001 (“the Act”). The application was heard in closed court because of the sensitivity of the evidence referred to but as it raises matters of general importance the decision is published in open Court with appropriate safeguards.
On 28 October 2008 the respondent appeared before the applicant on a closed hearing pursuant to an Attendance Notice issued by the applicant. The Notice required the respondent to give evidence relating to his “knowledge of the production and sale of dangerous drugs and money laundering”[1]. The respondent appeared with a legal representative and indicated to the applicant that he did not want to answer any questions. The respondent’s legal representative confirmed that those were his client’s instructions and after some further exchanges, to which reference will be made, the hearing was adjourned.
[1]Ibid Ex “D”
This application is founded…
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- AGLC
- Scott v Witness C [2009] QSC 35
- Case
- [2009] QSC 35
- Decision Date
CaseChat Overview and Summary
The court examined whether the referral to the Crime and Misconduct Commission was valid under both the existing and repealed legislation, and whether the statutory requirement for examinees to answer questions posed by the Commission was lawful. It was also necessary to determine if the application for a special investigation complied with the legislative requirements and if the contempt proceedings against Witness C were justified. The court's decision hinged on the interpretation of statutory provisions and the procedural integrity of the Commission's actions.
After careful consideration, the court concluded that the application by Scott did not meet the necessary statutory requirements for a valid referral to the Commission. The court found that the application contravened Section 190 of the Crime and Misconduct Act 2001 and that there was no valid referral to the Commission as required by the Act and repealed legislation. Consequently, the application was dismissed, and the applicant was ordered to pay the respondent's costs, which were to be assessed on the standard basis.
Orders
Orders of the court
1. The application is dismissed.
2. The applicant pay the respondent’s costs to be assessed on the standard basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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