THE COURT has found itself in something of a catch-22 as a regular bloke who took four police officers to court failed to provide details to both the Commonwealth DPP (CDPP), which may take over the case, and special counsel for the officers, Andrew Deards.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Tamworth resident Ian Moore has taken the unusual step of a private prosecution, laying charges against the police alleging they conspired against him, stole firearms from his home and fabricated evidence about a knife taken at the airport.
The court heard Mr Deards had filed a summons in the NSW Supreme Court seeking a judicial review, to test the legality of the registrar's decision to sign off on the court attendance notices (CANs) Mr Moore issued in the local court.
Depending on the outcome of that, Mr Moore has chosen to proceed with more serious offences in the district court, which could require the CDPP to take over the case on his behalf.
But, CDPP solicitor Christina Danbi Choi said first a decision would need to be made on whether the charges were even valid.
"We have written to Mr Moore requesting further information about particulars in the proceedings and we are waiting for Mr Moore's information before that decision is made," she said.
Special counsel for the police, Mr Deards, said the court was in a predicament until Mr Moore provided more information.
"We have found ourselves in somewhat of a catch-22 entirely because of Mr Moore's refusal to our request for particulars and refusal to provide the Commonwealth director the information she needs to take over the prosecutions," he said.
"Until he decides what to do about provision of particulars there's really nothing the court can do in so far as progressing the matter."
The court heard all parties would need the particulars, and Mr Deards asked magistrate Peter Thompson to make an order that Mr Moore supply them.
"We have pressed for a response on those particulars and nothing has been provided," he said.
"I anticipate without knowing what particulars the defence have requested and Commonwealth are similar - if the matter is to be adjourned, it shouldn't be adjourned at large, there should be an order made that Mr Moore reply or we will likely to be in the same position again next year."
Mr Moore said he didn't understand why he needed to provide the information.
"As for the particulars I have sent a reply to the Crown about what they have asked for," he said.
Read also:
"The Crown can go and get the CANs that have been filed, I don't see why I have to provide that when it's right there in front of their face."
Magistrate Thompson disagreed, making an order for the particulars, and pointed out that if Mr Moore was pressing the charges he had an obligation to provide the information.
Mr Moore claims police conspired to falsely charge him with a Commonwealth offence.
The court heard he alleges two officers used fabricated evidence to mislead a court about a knife that was seized at Tamworth airport and that another police officer destroyed property that had been seized at Tamworth airport.
Police have entered pleas of not guilty to all of the charges.
The supreme court matters will be dealt with in February next year, while the local court matters will be heard again briefly in January.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark northerndailyleader.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter
- Follow us on Instagram
- Follow us on Google News