Australia Federal Police & The Queen v Bush, I.L. [1987] FCA 581

', NVI 1rVUK BIG TKIOUTLION

~ JUDGMENT No. 281.7 B71.

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

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) No. ACT G 70 of 1987 DISTRICT REGISTRY ) ) )

GENERAL DIVISION

IN THE MATTER of an application by RONALD ALWYN GREY, the Commissioner of the Australian Federal Police, made

pursuant to sub-s.24(1A) of the Federal Court of Australia Act 1976

AND IN THE MATTER of proceedings pending in the Supreme Court of the Australian

Capital Territory between The Queen and Ian Leslie Bush

CORAM: Neaves J.

DATE: 29 October 1987 FEDERAL COURT OF

AUSTRALIA

PRINCIPAL REGiSTr

REASONS FOR JUDGMENT oN

On 13 October 1987 I dismissed an application made by Ronald Alwyn Grey, the Commissioner of the Australian Federal Police, pursuant to sub-s.24(1A) of the Federal Court of Australia Act 1976 (Cth) ("the Act") for leave to appeal from what was described in the application as "the judgment of the Supreme Court of the Australian Capital Territory given on 13 October 1987 at Canberra". In dismissing the application I said that I would give reasons for my decision. What follows

are those reasons.

The application arose in the following circumstances.

On 12 October 1987 Ian Leslie Bush was arraigned in the Supreme

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Court of the Australian Capital Territory before his Honour the Chief Justice, Mr Justice Miles, on a charge that on 25 January 1987 in the Australian Capital Territory he did murder Debra Michelle Bush. He pleaded not guilty to the charge and a jury was empanelled. In the absence of the jury, counsel for the accused made a call upon a subpoena duces tecum directed to the Commissioner, Australian Federal Police, requiring the

production of the following documents -

"All records of any complaints made against either of the following Police Officers:-

1. Chief Inspector Richard Thomas Ninness;