AHROOM POOMPIRYAPINTE v THE COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE [1990] NSWCA 4

AHROOM POOMPIRYAPINTE v THE COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, KirBy P and SAMUELS JA 24 September 1990

[1990] NSWCA 4

Gleeson CJ (On application for expedited hearing of appeal)

The three claimants are three accused in a criminal trial which is part heard before his Honour Judge Solomon and a jury of twelve in the District Court. The trial commenced on 6 August and today is the thirty-first day of the trial.

On 17 August some proceedings were brought before Badgery-Parker J concerning a ruling on evidence that had been given by Judge Solomon. The nature of those proceedings was somewhat unusual. It suffices for present purposes to say that on 28 August 1990 his Honour made, what I will describe by using the neutral term, a ruling, which was at least potentially unfavourable to the present claimants.

Today, on 24 September, the claimants have filed in this Court a notice of appeal from the decision of Badgery-Parker J and a notice of motion seeking an expedited hearing of the appeal with, of course, the consequent interruption or further interruption of the criminal trial which that would carry with it as a matter of practicality.

The motion for expedition is dismissed. In saying that I should indicate that the view of the Court is that this does not necessarily involve our expressing or having any opinion as to the correctness of the decision of Badgery-Parker J or the course which he took procedurally in the matter.

The only order that the Court makes at the moment is that the notice of motion for expedition is dismissed.