R v Khazaal [2011] HCATrans 312 (10 November 2011)

Last Updated: 22 November 2011

[2011] HCATrans 312

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S344 of 2011

B e t w e e n -

THE QUEEN

Appellant

and

BELAL SAADALLAH KHAZAAL

Respondent

Summons for directions

GUMMOW ACJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 10 NOVEMBER 2011, AT 9.22 AM

Copyright in the High Court of Australia

MR P.W. NEIL, SC: May it please your Honour, I appear for the applicant appellant. (instructed by Commonwealth Director of Public Prosecutions)

MR P.D. LANGE: May it please your Honour, I appear on behalf of the respondent with my learned friend, MR C.C. WATERSTREET. (instructed by Lawyers Corp Pty Limited)

MS K. STERN, SC: If it please your Honour, I appear on behalf of the Attorney-General of the Commonwealth. I seek your Honour’s leave to appear just on this application. (instructed by Australian Government Solicitor)

HIS HONOUR: Yes, Ms Stern. You are never far away. What is to be done this morning?

MR NEIL: Your Honour, the summons which was filed on 24 October raises two matters. One is dispensation with formal compliance with rule 42.10.1.

HIS HONOUR: Yes, that was overlooked before. I think you need that.

MR NEIL: It is mandatory and we do need your Honour’s leave that that be dispensed with. There has been some discussions with the Deputy Registrar and it is foreshadowed that that will sort of take care of itself.

HIS HONOUR: Right.

MR NEIL: The only other matter sought to be raised is that mentioned in the affidavit of Karen Louise Leavy sworn on 21 October, filed on 24 October.

HIS HONOUR: Let me get that.

MR NEIL: In paragraphs 7 to 9.

HIS HONOUR: Yes.

MR NEIL: Your Honour, the exhibit referred to - - -

HIS HONOUR: There is a copy attached, I think, is there?

MR NEIL: I have a spare if necessary, but it is the English translation of the Arabic document.

HIS HONOUR: Yes.

MR NEIL: Your Honour, it is now referred to fairly extensively in the appellant’s written submissions. We have a notice of contention that raises matters. We anticipate that they will have to touch upon the content of this document. We submit that it will be difficult for the Court to - - -

HIS HONOUR: It will be. What is the best way to deal with it though?

MR NEIL: Your Honour, we are merely seeking leave that this particular document, which was exhibit G in the trial, become part of the appeal book as one of the exhibits at the trial.

HIS HONOUR: Yes. It is not at the moment, I think.

MR NEIL: It is not, and we have no leave to permit that to occur. That is all we seek, your Honour.

HIS HONOUR: Very well. Do you have any difficulty with that, Ms Stern?

MS STERN: No, your Honour. We are perfectly content with that course.

HIS HONOUR: On the summons filed on 24 October 2011 I make order 1 as sought and I also direct that the exhibit G be included in the appeal book.

MR NEIL: May it please your Honour.

HIS HONOUR: I do not think anything else is needed, is it?

MR NEIL: No, your Honour.

HIS HONOUR: How long will this take?

MR NEIL: Your Honour, on the last occasion we estimated within a day. Subject to the matters of contention, it still seems to us to be reasonable.

HIS HONOUR: Yes, that is what I was wondering.

MR NEIL: The best estimate is probably about half a day to three-quarters of a day.

HIS HONOUR: Do you agree with that, Mr Lange?

MR LANGE: One day would see the matter out, but certainly more than half a day would occupy the Court.

HIS HONOUR: Yes. Thank you.

AT 9.25 AM THE MATTER WAS ADJOURNED