Versace v Monte

[2001] FCA 1572

FEDERAL COURT OF AUSTRALIA

Versace v Monte [2001] FCA 1572

EVIDENCE – privilege – privilege against self-incrimination – where respondent claims privilege against self-incrimination in respect of cross-examination on topics relating to statements appearing in the first respondent’s book – scope of the privilege against self-incrimination – adverse inferences – application of s 128 – where evidence may tend to prove that the first respondent has committed an offence against a law of a foreign country – whether the interests of justice require that the first respondent give evidence – where previous disclosures – waiver – where no precise or specific reference on oath by the first respondent to the topics in relation to which privilege is claimed

Evidence Act 1995 (Cth) s 128
Evidence Act 1995 (NSW) s 128

Attorney-General (NT) v Maurice (1986) 161 CLR 475 applied
Dolan v Australian & Overseas Telecommunications Corporation (1993) 42 FCR 206 referred to
Accident Insurance Mutual Holdings Ltd v McFadden [1993] 31 NSWLR 412 considered
In Marriage of Atkinson (1997) 136 FLR 347 referred to

Odger’s Uniform Evidence Law (2000), 4th ed

GIANNI VERSACE SPA, SANTO VERSACE, DONATELLA VERSACE v
FRANK MONTE aka FRANCOIS FERDINAND MONTENERI and ARKITUDE HOLDINGS PTY LIMITED

N 1184 of 2001

TAMBERLIN J
SYDNEY
6 NOVEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1184 OF 2001

BETWEEN:

GIANNI VERSACE SPA
FIRST APPLICANT

SANTO VERSACE
SECOND APPLICANT

DONATELLA VERSACE
THIRD APPLICANT

AND:

FRANK MONTE aka FRANCOIS FERDINAND MONTENERI
FIRST RESPONDENT

ARKITUDE HOLDINGS PTY LIMITED
(ACN 096 646 016)
SECOND RESPONDENT

JUDGE:	TAMBERLIN J
DATE OF ORDER:	6 NOVEMBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The first respondent is not required to give evidence in relation to the two matters outlined in the Reasons for Decision.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1184 OF 2001

BETWEEN:

GIANNI VERSACE SPA
FIRST APPLICANT

SANTO VERSACE
SECOND APPLICANT

DONATELLA VERSACE
THIRD APPLICANT

AND:

FRANK MONTE aka FRANCOIS FERDINAND MONTENERI
FIRST RESPONDENT

ARKITUDE HOLDINGS PTY LIMITED
(ACN 096 646 016)
SECOND RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	6 NOVEMBER 2001
PLACE:	SYDNEY

REASONS FOR DECISION

1. A question has arisen in the course of the hearing as to whether the first respondent (“Mr Monte”) is entitled to invoke the privilege against self-incrimination in respect of cross-examination by the applicants’ counsel on two topics.  The two topics relate to statements appearing in Mr Monte’s book entitled “The Spying Game” (“Exhibit A”).  They concern assertions appearing on pages 15 ff and 32 ff of the book relating to, firstly, an alleged payment of a large sum of money to kill a wealthy New York banker, apparently made in Australia, and secondly, conduct engaged in by Mr Monte and his colleagues in allegedly bribing hotel staff, entering hotel rooms in Rome and planting listening devices in those rooms.

2. The first incident, recounted in relation to the wealthy New York…