High Court of Australia
High Court of Australia Brennan J. Beljajev v Director of Public Prosecutions [1991] HCA 16
ORDER Application refused. 1991, May 6 Brennan J.
An indictment was presented before the County Court in Victoria on 13 July 1990 charging the applicant with conspiracy to import prohibited imports contrary to s. 233B(1)(cb) of the Customs Act 1901 Cth on five counts; conspiracy to traffic in a drug of dependence contrary to s. 79 of the Drugs Poisons and Controlled Substances Act 1981 Vic on one count; and trafficking in a drug of dependence contrary to s. 71(1) of that Act on seven counts. No plea was then, or has since, been taken to this indictment.
The trial judge, Judge Kelly, has entertained a number of applications with respect to the preparation for and conduct of the trial, including two applications for bail. On 20 September 1990 his Honour refused the first application for bail but, after an eight day hearing of the second application, his Honour granted bail on 11 April 1991.
His Honour was satisfied that exceptional circumstances existed which justified the grant of bail. That is the condition governing the power of the court to grant bail, when an accused is charged with offences of the kind appearing in the present indictment: see s. 4(2)(aa) of the Bail Act 1977 Vic.
Pursuant to s. 18A of the Bail Act the Director of Public Prosecutions for the Commonwealth and the Director of Public Prosecutions for Victoria then appealed to the Supreme Court. Marks J. allowed the appeal and ordered that the applicant, who had been released on bail pursuant to Judge Kelly's order, should again be committed to prison to await his trial.
The applicant filed an application for special leave to appeal to this Court on 2 May 1991 and the present application seeks an order that the order of Marks J. be stayed pending the hearing by this Court of the application for special leave to appeal. Alternatively, bail is sought pending a hearing of the application for special leave.
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