Billpasting appeal adjourned

Gary's appeal against conviction for billpasting has been adjourned until Tuesday the 5th of April at 2pm.

Despite being quite unwell, Gary appeared before the new Northern Territory Supreme Court Justice Stephen Southwood shortly after 2pm today.

Peter Tompkins, a lawyer with firm 'Cridlands', represented Darwin City Council. Council prosecutions officer Neil Dyer was also present.

Peter had contacted Gary by phone late yesterday and again this morning to try and convince him not to proceed with the matter.

He said that Gary's case "had no merit".

He effectively offered Gary a deal. If Gary dropped the appeal today, Peter would not make an application for costs on behalf of Council. If Gary decided he wanted to pursue the matter, but still asked for an adjournement due to ill health, Council had instructed Peter to seek costs for today's adjournement (which took less than 5 minutes).

Gary decided he would proceed with the appeal and he was granted the adjournement by Justice Southwell.

In desperation Peter pointed out to the court what he had said to Gary on the phone earlier. Peter told the court that Gary had a HIV related illness and that this would be an ongoing problem. Maybe Gary would never be fit to proceed with the matter.

Justice Southwood adjourned Council's application for costs until the 5th of April, following the hearing.