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Canberra lawyer Bernard Collaery has requested to be allowed to name for extra proof from two former presidents of East Timor to help his case as a decide orders a trial date should be set.
Key factors:
- Mr Collaery is accused of conspiring to disclose categorised details about an alleged Australian spying operation on East Timor
- Justice David Mossop ordered {that a} trial date be set
- A secret listening to remains to be but to find out what ought to and shouldn’t be heard in open courtroom throughout the trial
Mr Collaery’s lawyer Philip Bolton informed the ACT Supreme Courtroom immediately he wanted to take additional proof from former East Timor presidents Xanana Gusmao and Jose Ramos Horta, to help his efforts to maintain the trial open.
Mr Ramos Horta can also be now President-elect, set to as soon as once more take up the highest job on Could 20.
Each males have already given proof by means of affidavit in earlier proceedings.
Tim Begbie, who’s representing the federal Legal professional-Common, informed the courtroom additional proof from the pair shouldn’t be allowed.
“So it appears, to us, to placed on this now could be invariably having a second chunk on the cherry,” he mentioned.
Mr Begbie mentioned the plan may additionally imply that the Commonwealth must go into new proof when the courtroom considers top-secret court-only materials at a particular listening to.
However Mr Collaery’s lawyer Philip Bolton mentioned to disclaim the proof from the 2 males would arrange a procedural barrier to Mr Collaery in his case to maintain the trial open.
“The Commonwealth’s place is to guard the Commonwealth typically,” Mr Bolton mentioned.
He mentioned the federal government was involved proof from individuals of such stature may contradict its case.
Choose orders trial date should be set
The case was moved ahead immediately, with the appointment of a particular counsel to characterize Mr Collaery within the top-secret proof listening to.
The courtroom is even contemplating holding the listening to someplace aside from the courtroom constructing, to make sure safety.
The key listening to will assist decide what ought to and shouldn’t be heard in open courtroom throughout the trial.
Immediately, the courtroom additionally refused an software for an extension of time by Mr Collaery’s attorneys as they ponder an attraction in opposition to a ruling this week, setting apart subpoenas for paperwork from main authorities companies.
Mr Collaery had hoped to seek out details about the legality of the alleged spy operation within the supplies sought.
However the courtroom discovered he may nonetheless be prosecuted with out the federal government having to show past cheap doubt that the alleged operation was throughout the legislation.
Regardless of the unfinished enterprise, Justice David Mossop ordered a trial date be set subsequent week, shifting the emphasis from the battle with the Legal professional-Common to the prosecution.
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