R v CRUPI (Ruling No 4)

79 VR 140·Beale J
79 VR 140
R v CRUPI (Ruling No 4) Supreme Court of VictoriaBeale J 2, 11 November 2022[2022] VSC 676Criminal lawRestricted evidenceAccessWhether Court empowered to appoint amicus curiae to assist it in determining whether restricted evidence should be released to accusedWhether Court should appoint amicus curiaeWhether amici should have access to restricted evidenceConstitution Act 1975 (Vic), s 85Major Crime (Investigative Powers) Act 2004 (Vic), s 43A.

C had been charged with one count of murder. The central issue for trial was the identity of the person who killed the victim. The Court proposed that amici curiae already appointed to act as contradictors with respect to a public interest immunity claim of the Chief Commissioner of Police should also be appointed to act as contradictors with respect to whether to release to the accused restricted evidence the subject of a non-publication order made under under the Major Crime (Investigative Powers) Act 2004 (Vic) (Act). The Chief Commissioner and the Chief Examiner appointed under the Act opposed the further appointment and the release of the restricted evidence.

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