Application by Maksimilian Bebic, Mile Nekic and Vjekoslav Brajkovic pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 1153

Supreme Court New South Wales

Medium Neutral Citation: Application by Maksimilian Bebic, Mile Nekic and Vjekoslav Brajkovic pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 1153 Hearing dates: On the papers. Submissions closed 10 August 2022 Date of orders: 30 August 2022 Decision date: 30 August 2022 Jurisdiction: Common Law Before: Wright J Decision: After considering the application under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) and on the Court's own motion, the Court directs pursuant to s 79(1)(a) of that Act that an inquiry be conducted by a judicial officer into the convictions on 9 February 1981 of Maksimilian Bebic, Mile Nekic, Vjekoslav Brajkovic, Anton Zvirotic, Ilija Kokotovic and Joseph Kokotovic. Catchwords: CRIMINAL LAW – Application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW) for an inquiry into the applicants' conviction – Whether satisfied there is a doubt or question as to the convicted persons' guilt or as to any part of the evidence in the case – Court so satisfied in light of previous information and recent declassification of ASIO documentation and other recent material CRIMINAL LAW – Application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW) for an inquiry into the applicants' conviction – Matter previously dealt with in an application in 2012 under Pt 7 of the Act – Whether Court not satisfied there are special facts or special circumstances that justify the taking of further action – Court satisfied there are special facts or special circumstances Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79, 80, 81 Crimes Act 1900 (NSW), s 475 (now repealed) Cases Cited: Application by AZ for inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2020] NSWSC 1048 Application by Brian Steer under Part 7 of the Crimes (Appeal and Review) Act 2001 [2020] NSWSC 623 Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Buttrose v Attorney General of New South Wales [2015] NSWCA 221 Clark v Attorney General of New South Wales [2020] NSWCA 70 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 Kirk Group Holdings Pty Limited v WorkCover Authority of NSW (2006) 66 NSWLR 151; [2006] NSWCA 172 Milat, Ivan Robert Marko - Application under Section 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 209 R v Rogerson; R v McNamara (No 57) [2016] NSWSC 1207 Rogerson v The Queen; McNamara v The Queen [2021] NSWCCA 160; 290 A Crim R 239 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Texts Cited: Hamish McDonald, Framed (2012, Fairfax Media) Hamish McDonald, Reasonable Doubt: Spies, Police and the Croatian Six (2019, Doosra Media) John Blaxland and Rhys Crawley, The Secret Cold War, The Official History of ASIO, 1975 – 1989 (2016, Allen & Unwin) Category: Principal judgment Parties: Maksimilian Bebic, Mile Nekic, and Vjekoslav Brajkovic (Applicants) Attorney General for New South Wales (Respondent) Representation: Counsel: Sebastian De Brennan (Applicants) David Kell SC and Joanna Davidson (Respondent)