Eastman v Director of Public Prosections of the ACT & Ors C10/2002 [2002] HCATrans 471 (1 October 2002)

IN THE HIGH COURT OF AUSTRALIA

Registry No C10 of 2002

B e t w e e n -

DAVID HAROLD EASTMAN

Applicant

and

DIRECTOR OF PUBLIC PROSECUTIONS OF THE AUSTRALIAN CAPITAL TERRITORY

First Respondent

IAN PIKE

Second Respondent

ATTORNEY-GENERAL OF THE AUSTRALIAN CAPITAL TERRITORY

Third Respondent

THE HONOURABLE CHIEF JUSTICE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Fourth Respondent

Application for interlocutory orders

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 1 OCTOBER 2002, AT 2.15 PM

(Continued from 27/9/02)

Copyright in the High Court of Australia

__________________

MR R.C. REFSHAUGE, SC: If the Court pleases, I am the first respondent.

MR P.J. MITCHELL: If the Court pleases, I act for the third respondent, the Attorney-General of the ACT. (instructed by Australian Government Solicitor)

HER HONOUR: Thank you. Now, Mr Refshauge, I have received your affidavit.

MR REFSHAUGE: Thank you, your Honour. I read that, if I may.

HER HONOUR: Yes, you can proceed as though it is read.

MR REFSHAUGE: Can I from the Bar table, if your Honour will grant me the indulgence, say that I spoke to Mr Cumberland from the Court Registry a few minutes ago and he confirmed that the boxes were there. There is some difficulty, I have to say to your Honour frankly, that Mr Eastman says that the arrangements for access are not satisfactory. Mr Cumberland advises me that the situation is that the boxes are in the correctional centre. Mr Eastman was taken there in handcuffs and they were identified and he was invited to transport them back to his cell. He declined. A trolley will be made available this afternoon for him to do so and Mr Cumberland understands that that compiles with their understanding of his capacities and abilities. They do not have the staff, they tell me, to assist. I am simply reporting that. I do not want to make any comment, your Honour.

HER HONOUR: No.

MR REFSHAUGE: But that is the latest situation, if your Honour will allow me the indulgence to bring that before the Court at this stage.

HER HONOUR: Thank you very much. It does seem as though every effort has been made to ensure that Mr Eastman obtains his documents and I thank the Attorney-General and the Correctional Services, is it, officers - - -

MR REFSHAUGE: Department, I think it is, your Honour.

HER HONOUR: - - - who have taken steps in that regard. If Mr Eastman does not find the arrangements satisfactory, doubtless he can make further submissions in that regard in writing on 8 October but - - -

MR REFSHAUGE: The 10^th.

HER HONOUR: The 10^th, is it?

MR REFSHAUGE: The 10^th, yes, your Honour.

HER HONOUR: Thank you, 10 October. Mr Mitchell, I do not think there is any need for you to be further represented, if you do not wish to be, on subsequent hearings.

MR MITCHELL: Thank you, your Honour, although if your Honour thought we could provide any assistance, of course, we remain ready to do so.

HER HONOUR: Yes. Well, it does seem you have complied with everything I have asked, or that your client has complied with everything that I have asked of him.

MR MITCHELL: Thank you, your Honour.

MR REFSHAUGE: Your Honour, 10 October, as I recollect, was simply the date by which Mr Eastman should file his written submissions. Your Honour was to set a date for any further hearing today and I am in your Honour's hands as to that. It may not be necessary, depending on what Mr Eastman says in his written submissions.

HER HONOUR: Well, he is to file and serve them on you. Look, I think we will just simply say to a date to be fixed and - - -

MR REFSHAUGE: Certainly, your Honour.

HER HONOUR: - - - if there is a need for further appearances, then - - -

MR REFSHAUGE: Could I approach the Registrar and indicate when I receive his written submissions whether I wish to make any further representations?

HER HONOUR: Yes, that would be - - -

MR REFSHAUGE: Then the matter can be dealt with on the papers if it is not necessary.

HER HONOUR: Yes, that would be excellent, thank you.

MR REFSHAUGE: If the Court pleases.

HER HONOUR: At this stage I will simply say the matter is adjourned to a date to be fixed should that be necessary. Thank you.

AT 2.19 PM THE MATTER WAS ADJOURNED