Alikhani v The Queen P10/2001 [2002] HCATrans 511 (24 October 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Perth No P10 of 2001

B e t w e e n -

MOJTABA ALIKHANI

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GLEESON CJ

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON THURSDAY, 24 OCTOBER 2002, AT 2.20 PM

Copyright in the High Court of Australia

MR M. ALIKHANI appeared in person.

MR A. KAZEMI: Your Honour, I am interpreting for Mr Alikhani.

MR S.E. STONE: May it please the Court, I appear with my learned friend, MR J. MACTAGGART, for the respondent Crown. (instructed by the Director of Public Prosecutions for Western Australia)

GLEESON CJ: Go ahead, Mr Alikhani. Tell us what you would like to say. You can use the services of the interpreter as you please.

MR ALIKHANI (through interpreter): Your Honours, five years ago due to some psychological problem that I had, I met a girl and I killed someone. Because of this crime that I made, or of that situation, I was given 20 years prison. I regret doing this crime and I request humbly from the killed family - victim family and also the Court and the government of Australia for forgiveness. When I did this crime, as I explained, out of that specific situation, I went to police myself after 40 minutes when I came to myself and I find out what I have done.

At that stage I was charged with murder, but after three months that charge was upgraded by the police. Also the Western Australia police refused to release the information and documents relating to this crime. I have brought this Freedom of Information Act 1992 and I would like your Honours to have a look at it.

GLEESON CJ: Yes. Thank you. Yes, we have seen that, thank you.

MR ALIKHANI (through interpreter): Of course before this incident, because I was aware that Ms Reynolds is trying to - or told me so that she is trying to kill her husband, I went to one of these immigration advisers in Mirrabooka and I actually told him the situation and looked for advice from this man, Mr ..... in Mirrabooka Migrants Resource Centre. The night before this incident my house was break in 2 am and two persons entered the house by force and they were trying to kill me. There were two neighbour witness for this incident. When I asked one of the Detectives, Mr Riley, from the police to investigate this matter and get a statement from these neighbours I was told that they had moved from that area and, "We are not able to find them", but this cannot be true.

It is five years that I am taking medication, your Honours, and one of these experts, psychiatric, told about my situation, but they will not give me any kind of document or certificate relating to my situation. That only can be given to a representative or solicitor or a lawyer, or a court official. That is it, your Honours.

GLEESON CJ: Just take a seat thank you.

This is an application for special leave to appeal against a decision of the Court of Criminal Appeal of the Supreme Court of Western Australia. The applicant has expressed to us a number of concerns about his situation, but having paid careful attention to his written and oral submissions, we have come to the conclusion that no reason has been shown to doubt the correctness of the decision of the Court of Criminal Appeal and the application is refused.

We will adjourn for a short time to reconstitute.

AT 2.30 PM THE MATTER WAS CONCLUDED