SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2020 0053
| SAVERIO ZIRILLI | Applicant |
| v | |
| THE QUEEN | Respondent |
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JUDICIAL REGISTRAR: | IRVING JR |
WHERE HELD: | MELBOURNE |
DATE OF HEARING: | 25 March 2021 |
DATE OF JUDGMENT: | 18 June 2021 |
MEDIUM NEUTRAL CITATION: | [2021] VSCA 174 |
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CRIMINAL LAW – Orders for production of documents pursuant to s 317 of the Criminal Procedure Act 2009 – Applicant seeks documents from Chief Commissioner of Victoria Police – Whether documents protected by public interest immunity – Where production objected to on the basis of public interest immunity – Where production objected to on the basis that the information is not relevant to the proceeding – Where production objected to on the basis of information being outside the scope of the s 317 orders – Where production objected on the basis of dealing with information under the Telecommunications (Interception and Access) Act 1979 (Cth) and the Surveillance Devices Act 2004 (Cth) – Where documents with redactions were produced – Where unredacted documents produced to Court to allow rulings to be made in relation to those redactions – Criminal Procedure Act 2009, s 317.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr A V Chernok with Mr M P Murphy | Nicholas James Lawyers |
| For the Director of Public Prosecutions (Cth) | Ms A Martin | Ms A Pavleka, Solicitor for Public Prosecutions (Cth) |
| For the Chief Commissioner of Victoria Police | Ms S Maharaj QC with Ms M Pekevska and Ms K Chan | Mr M Hocking, Victorian Government Solicitor |
| For the Australian Criminal Intelligence Commission | Ms S Martin | |
| For the Australian Federal Police | Ms P Mitchell (solicitor) | Clayton Utz |
IRVING JR:
Saverio Zirilli pleaded guilty and was convicted of the offences of conspiracy to traffick a commercial quantity of MDMA, trafficking in a commercial quantity of MDMA and attempting to possess a commercial quantity of cocaine. Mr Zirilli was sentenced for the three offences on 23 February 2012 and received a total effective sentence of 26 years with a non parole period of 18 years.[1]
On 24 March 2020 Mr Zirilli filed an application under s 274 of the Criminal Procedure Act 2009 (‘CPA’) for leave to appeal his convictions. His application contains one proposed ground of appeal: that a substantial miscarriage of justice has occurred in circumstances where defence counsel was secretly used as a police informer to secure his conviction.
On 12 June 2020 the Court made orders under s 317 of the CPA that the Chief Commissioner of Victoria Police (the ‘Chief Commissioner’) produce certain material to the court. The terms of the orders reflect the discussions and agreement reached between the legal representatives of the parties and the Chief Commissioner. The orders contain a process for the determination of objections by the Chief Commissioner to the production of the whole or parts of documents caught by the order. That process involved the Chief Commissioner and parties filing written submissions in support…
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- AGLC
- Zirilli v The Queen [2021] VSCA 174
- Case
- [2021] VSCA 174
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the interpretation and application of section 317 of the Criminal Procedure Act 2009, which governs the orders for the production of documents in criminal proceedings. The primary questions were whether the documents were protected by public interest immunity, if they were relevant to the proceeding, if they fell within the scope of the orders, and if their production complied with the aforementioned Acts. The court was also required to determine whether the redactions made to the documents were appropriate and if the unredacted documents could be produced to the court for ruling on the redactions.
The court examined the arguments presented by both parties and considered the relevant statutory provisions and case law. It found that while some of the objections raised by the police were valid, others were not. Specifically, the court determined that certain documents were protected by public interest immunity, while others were not relevant to the proceeding. However, it also found that some of the documents were within the scope of the orders and could be produced, albeit with redactions to protect sensitive information. The court concluded that the unredacted documents could be produced to allow rulings to be made in relation to the redactions. As a result, the court made orders for the production of the documents with the specified redactions.
Orders
Orders of the court
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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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