R v Macdonald; R v Maitland (No 1) [2016] NSWSC 1940

Supreme Court New South Wales

Medium Neutral Citation: R v Macdonald; R v Maitland (No 1) [2016] NSWSC 1940 Hearing dates: 1 March 2016 Decision date: 01 March 2016 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: Trial date vacated Catchwords: PROCEDURAL – adjournment due to lack of legal representation Cases Cited: Dietrich v The Queen (1992) 177 CLR 292 Category: Procedural rulings Parties: Regina John William Maitland Ian Michael Macdonald Representation: Counsel: P Neil SC/P English (Crown) N Dan (Sol) (Macdonald) Bob Whyburn (Sol) (Maitland)

Solicitors: Solicitor for Public Prosecutions (Crown) Bilbie Dan Solicitor (Macdonald) Bob Whyburn (Maitland) File Number(s): 2015/59990; 2015/59940

Judgment: EX TEMPORE

Introduction 1. In this matter there has been an application to vacate the trial date by both accused persons. Last May Johnson J in the arraignments list listed this matter for trial to commence on 14 March 2016. Notwithstanding that very considerable lead time, neither of the accused has been able to arrange legal representation for that date.

The accused Macdonald 1. In the case of Mr Macdonald, he made an application under Dietrich (Dietrich v The Queen (1992) 177 CLR 292) for a permanent stay but when the day for the hearing of the motion came, his counsel was instructed to withdraw that notice of motion. In the meantime, Mr Dan, his instructing solicitor, has sworn an affidavit to the effect that attempts are still being made to obtain funding for Mr Macdonald's legal representation from the Premier and the Attorney General.