Sinanovic v The Queen

This matter came before Kirby J of the High Court of Australia concerning a motion by Hakija Sinanovic, a prisoner without legal representation, to set aside a decision refusing him special leave to appeal. Mr Sinanovic, who is illiterate and a non-English speaker, claimed to have experienced difficulties in both the Court of Criminal Appeal and the High Court due to his lack of legal representation and communication barriers. His wife was permitted to speak on his behalf during the proceedings.

The legal issues before the Court included whether the failure to provide legal representation to an illiterate prisoner with communication difficulties breached the right to equality before the courts under Article 14.1 of the International Covenant on Civil and Political Rights, and whether this, or any other ground, provided a basis for setting aside the earlier decision refusing special leave to appeal. The Court was also required to consider the applicability of the principles established in *Dietrich v The Queen* to appeals against conviction and the relevance of unincorporated international law to Australian domestic law.

Kirby J reasoned that the international law cited by Mrs Sinanovic did not provide a basis for setting aside the decision refusing special leave. His Honour explained that the use of international law in Australian domestic law is indirect and subtle, and not as straightforward as a lay person might assume. Consequently, the Court found no substance in the grounds of appeal, concluding that there was no prospect of success in reconsidering the special leave application.

Accordingly, the application for leave to issue the proposed notice of motion was refused. Kirby J directed that a copy of the transcript and his reasons be sent to Mr Sinanovic and his wife. The motion was dismissed.