DPP v Green [2002] NSWSC 594

Reported Decision : (2002) A Crim R 476

New South Wales Supreme Court

CITATION : DPP v Green [2002] NSWSC 594 FILE NUMBER(S) : SC 10843/02 HEARING DATE(S) : 1 July, 2002 JUDGMENT DATE : 1 July 2002

PARTIES : Director of Public Prosecutions Garry Raymond Green JUDGMENT OF : Hidden J at 1

COUNSEL : P Lakatos - Plaintiff G Brady - Defendant SOLICITORS : SE O'Connor - Plantiff CATCHWORDS : CRIMINAL LAW: Appeal from Local Court - informations under s 80(c) of the ICAC Act - prosecution relying on answers given at ICAC hearing - whether subject to protection of s 37(3) of Act. Justices Act 1902 LEGISLATION CITED : Independent Commission against Corruption Act 1988 Evidence Act 1995 DECISION : See paragraph 12.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J Monday 1 July 2002

10843/01 – Director of Public Prosecutions (NSW) v Gary Raymond GREEN

JUDGMENT 1 HIS HONOUR: This is an appeal by the Director of Public Prosecutions under Pt 5 of the Justices Act 1902 against the dismissal by a magistrate of two informations brought against the defendant, Gary Raymond Green. 2 On 3 December 1996 the defendant was interviewed by investigators from the Independent Commission against Corruption (ICAC) concerning his purchase of a number of mobile telephones. The ICAC was involved in an investigation into the practices and procedures of some Aboriginal Land Councils in New South Wales. To investigators the defendant provided two answers concerning who was to be billed and who was to pay for those phones. On 6 June 1997 the defendant gave evidence at a public hearing of ICAC during which, it is alleged, that he admitted having lied to ICAC investigators on 3 December 1996. 3 Before giving evidence the defendant sought, and was granted, a declaration under s 38 of the Independent Commission against Corruption Act 1988, the effect of that declaration being that all his answers were to be regarded as having been given on objection. The objection, I take it, was for the purpose of his being protected against self-incrimination. It is necessary to set out relevant portions of s 37 of the Independent Commission against Corruption Act: "37 (1) A witness summoned to attend or appearing before the Commission hearing is not entitled to refuse: (a) to be sworn or to make an affirmation; or (b) to answer any question relevant to an investigation put to the witness by the Commissioner or other person presiding at a hearing; or (c) to produce any document or other thing in the witness's custody or control which the witness is required by the summons or by the person presiding to produce.