Weston v McCarthy & Anor- v McGrane

[1998] HCATrans 465

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M94 of 1997

B e t w e e n -

MICHAEL WESTON

Applicant

and

JOHN D. McCARTHY, SENIOR SERGEANT 16120, DEPUTY REGISTRAR OF FIREARMS

First Respondent

JOHN MARTIN MURPHY, MAGISTRATE OF THE MAGISTRATE’S COURT AT SHEPPARTON

Second Respsondent

Office of the Registry
  Melbourne  No M95 of 1997

B e t w e e n -

MICHAEL WESTON

Applicant

and

IAN THOMAS McGRANE, MAGISTRATE OF THE MAGISTRATE’S COURT AT WANGARATTA

First Respondent

GRAHAM HARROP, SERGEANT OF VICTORIAN POLICE 14800 AT RUTHERGLEN

Second Respondent

Applications for special leave to appeal

GLEESON CJ
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 11 DECEMBER 1998, AT 3.26 PM

Copyright in the High Court of Australia

______________

MR M. WESTON:  If the Court pleases, I appear in person.

MR G.K. MOORE:  If the Court pleases, I appear for the respondent.  (instructed by the Victorian Government Solicitor)

GLEESON CJ:   There is a certificate in these two matters which are matters M94 of 1997 and M95 of 1997, from the Deputy Registrar, to the effect that in each case she has been informed by the Deputy Chief Magistrate on behalf of the second respondent in matter M94 of 1997, that the second respondent will abide the decision of the Court

and she has been informed by the Deputy Chief Magistrate on behalf of the first respondent, in matter M95 of 1997, that the first respondent will abide by the decision of the Court.  Yes, Mr Weston?

MR WESTON:   I have a further written – some written text, your Honour.  You might have to excuse me for a moment until I find the – I will not be speaking to this, I will simply be sitting and letting you read it.  That is the first page of it.  While you have a brief look at that I will try and find the rest of it.  Basically, what I am saying, your Honours, is that I am handing you a transcript of some of what Magistrate Murphy said in this matter back in the Magistrate’s Court.  Most of it I could not put any better than he has put it himself.

GLEESON CJ:   Thank you.  Mr Moore, could you state in summary form the grounds of opposition to the application?

MR MOORE:   In summary form, if the Court pleases, it is submitted there is no special leave point.  Mr Weston’s material does not address the decision in the order of the Court of Appeal which is the subject of the proposed appeal.

GLEESON CJ:   This is the order of Justices Brooking and Callaway on 10 October 1997.

MR MOORE:   That is so, your Honour, yes.  That was an order requiring Mr Weston to provide security for costs for the appeal which he did not do.  In my submission, there is no basis for asserting that their Honours’ discretion was carried in relation to that order.  Mr Weston demonstrates no error of law and there is no matter of public importance which is raised by Mr Weston associated with that decision in that order.

GLEESON CJ:   Thank you, Mr Moore. 

MR MOORE:   If your Honour pleases.

GLEESON CJ:   Anything you want to say in reply, Mr Weston?

MR WESTON:   Yes, your Honour.  Basically, the way the firearms legislation works is that you are guilty until you prove yourself innocent.  The exact opposite to what the pillar of English justice is, that you are innocent until you are proven guilty. 

Although this matter did appear to stall on the costs issue in the Court of Appeal, this situation with the consideration of perjury, hearsay, innuendo, gossip, in relation to firearms, has created that costs problem.  There, in 6.8 of the previous application in the Shire, the situation now at my father’s farm.  It takes $13,500 to service the loan.  The average profit from growing walnuts is $15,000.  If I have to employ somebody, which I now have to do because of the cancellation of my shooter’s licence, it costs $15,000 to protect the crop and despite what all the experts say, there is no other way than the use of firearms.

It may be 50 to 100 years before they find another effective way.  We have spent the last 30 to 50 trying, but there is no other way.  There are a lot of people rely on firearms for the livelihood.  If this issue is not considered by the High Court, then I most likely will never be able to have the thing turned around and I have to give up my way of life for the last 30 years and go and try and find something new.  That is the special leave point.

GLEESON CJ:   These two matters involve applications for leave to appeal against a decision made on 10 October 1997 by Brooking J and Callaway J in the Court of Appeal of the Supreme Court of Victoria.

The submissions made on behalf of the applicant disclose no sufficient reason to doubt the correctness of the decision of the Court of Appeal to warrant a grant of special leave, and the application for special leave is refused.  

Is there an application for costs, Mr Moore?

MR MOORE:   Yes, there is, your Honour.

GLEESON CJ:   Is that resisted?

MR WESTON:   Only on the basis that they most likely will not get paid.

GLEESON CJ:   The applicant must pay the respondents’ costs of the application.

AT 3.36 PM THE MATTER WAS CONCLUDED