Harms v The Queen [2003] HCATrans 476 (14 November 2003)

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Harms v The Queen [2003] HCATrans 476 (14 November 2003)

Last Updated: 20 November 2003

[2003] HCATrans 476

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Brisbane No B76 of 2000

B e t w e e n -

COLIN GORDON HARMS

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GUMMOW J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 14 NOVEMBER 2003, AT 11.12 AM

Copyright in the High Court of Australia

MRS L.J. CLARE: If it please the Court, I appear for the respondent. (instructed by Director of Public Prosecutions (Qld))

GUMMOW J: Is Mr Harms in Court?

MRS CLARE: No, he is not, your Honour, but I am told that he is on his way. He is just being brought up now.

GUMMOW J: We will take a short adjournment.

AT 11.12 AM SHORT ADJOURNMENT

UPON RESUMING AT 11.19 AM:

MR C.G. HARMS appeared in person.

GUMMOW J: Yes. You are not looking towards us.

MR HARMS: I beg your pardon?

GUMMOW J: Look into the camera. That is it. Now, what do you want to say in addition to your written submissions which we have looked at?

MR HARMS: My written submissions.....say the lot, your Honour. It is just that I do have grounds for – I would like to ask for an adjournment so I can get – or be supplied legal representation for this future case, your Honour.

GUMMOW J: So you are applying for - - -

MR HARMS: I have got no education.

GUMMOW J: Just a minute. You are applying for an adjournment of your application that is here today? You want today’s matter adjourned?

MR HARMS: So I could be granted legal representation for – by the High Court, if it is possible, please?

GUMMOW J: Yes. This Court is not a legal aid granting authority, Mr Harms, but I will ask Mrs Clare what her attitude is. Just sit down for a minute. Yes, Mrs Clare.

MRS CLARE: Your Honour, this is the first time I have heard that such an application would be brought. I have recollection that the applicant in one of the many affidavits that he has produced claimed that he had no intention of being represented by anyone, that he was unhappy with – or was claiming that he was not represented by Legal Aid in the Court of Appeal or that they acted without his authority and that he had no intention of allowing them to represent him in this Court. I am sorry, I just do not have that reference immediately to hand.

GUMMOW J: Yes. Take a minute to find it, if you can.

MRS CLARE: Thank you. It was near the letter from barrister, Cathy McLennan – I am sorry, I have confused this with the following matter. I have misled the Court, I am sorry.

GUMMOW J: Is the application opposed, or do you need a moment to think about that?

MRS CLARE: It is a serious matter.

GUMMOW J: It is, yes. It is an attempted murder case.

MRS CLARE: It is a very serious matter. The material that the applicant has supplied probably discloses that the presentation of the case would benefit from counsel being involved.

GUMMOW J: It would, I think. Yes. The question is how that counsel is to be provided, that is what worries us at the moment.

MRS CLARE: Yes.

GUMMOW J: It could only be by the Queensland Bar, would it, on some pro bono basis, or would it be by the legal aid system?

MRS CLARE: I cannot speak for the Legal Aid Office, your Honour. In cases where there has been an intimation from the Court that the matter would benefit from counsel, aid has been granted.

GUMMOW J: Just pardon us a minute. Yes, well both Justice Hayne and I are of the opinion that we would be greatly assisted by the presence of counsel to put this case and we would hope the Legal Aid authorities would bear that in mind if Mr Harms now makes an application to them.

MRS CLARE: Thank you, your Honour.

GUMMOW J: Very well. Now, have you understood what has been said, Mr Harms?

MR HARMS: Yes, your Honour. Yes, your Honour.

GUMMOW J: What we have done is we - - -

MR HARMS: I could say a couple of times that I have approached Legal Aid of Queensland and they have - - -

GUMMOW J: Yes, well we suggest you approach them again and you can be supplied with a copy of the transcript of our remarks today and they will take them on board I would think.

MR HARMS: All right, your Worship – your Honour.

GUMMOW J: Very well. On that footing, we stand over the application No 6 on the footing that when it is next restored to the list we would hope there would be legal representation for the applicant in this matter which arises out of an attempted murder case. We will now adjourn to reconstitute.

AT 11.25 AM THE MATTER WAS ADJOURNED