Application of Victor Makarov pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001(NSW) [2013] NSWSC 1468

Supreme Court New South Wales

Medium Neutral Citation: Application of Victor Makarov pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001(NSW) [2013] NSWSC 1468 Hearing dates: Written submissions Decision date: 04 October 2013 Before: Bellew J Decision: 1.The application is dismissed Catchwords: CRIMINAL LAW - application for enquiry to be held into convictions recorded against the applicant - where application brought on the basis of matters which had emerged since the date of conviction concerning witnesses who gave evidence against the applicant at his trials - whether doubt or question as to guilt - whether material relied upon by the applicant sufficient to give rise to a sense of disquiet or unease in allowing the convictions to stand Legislation Cited: Crimes Act 1900 NSW Crimes (Appeal and Review) Act 2001NSW Cases Cited: Application of Peter James Holland under s. 78 of the Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Category: Principal judgment Parties: Victor Makarov (Applicant) Attorney General for the State of NSW (Respondent) Representation: P Hamill SC and F Coyne (Applicant) A Mitchelmore (Crown) Mathew Hammond Solicitors (Applicant) Crown Solicitor for New South Wales (Respondent) File Number(s): 2012 / 135729 Publication restriction: Nil

Judgment

INTRODUCTION 1Victor Makarov ("the applicant") has made application pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 ("the Act") for an enquiry to be held into convictions recorded against him for offences committed against two persons to whom I shall refer as "LO" and "AY". 2The application is opposed by the respondent, the Attorney-General for the state of NSW. 3I have considered the application by reference to a large amount of documentary material which includes the entirety of the transcripts of a number of trials of the applicant before the District Court of NSW. I have also had regard to the lengthy written submissions filed by each party.