Counsel allowed to bikie

The Federal Court has overturned a decision that a Hells Angels member could not have a Darwin lawyer represent him at an Australian Crime Commission examination.

Whether he will be forced to answer questions that might tend to incriminate him is still be to finally determined.

As the law stands, people being examined by the ACC must answer questions but there is an application before the High Court to hear an appeal on the issue.

Darwin Hells Angel member Ian Grant Hogan challenged the ruling excluding his counsel, Darwin barrister Martin Carter, from an examination on December 16.

ACC examiner John Hannaford excluded Mr Carter on the ground he had represented another witness at an earlier examination in the same special investigation.

No information revealed during ACC investigations may be disclosed and a lawyer who had represented another witness could do so.

Darwin-based Federal Court judge John Mansfield yesterday upheld Mr Hogan's application to overturn the ruling, brought by Darwin barrister Colin McDonald QC.

The judge decided the decision to exclude counsel was an error of law and an improper exercise of power.

Justice Mansfield, in background to his judgment, said Mr Hogan was summonsed to appear at the special investigation and give evidence of his "knowledge of the activities and finances of a named person, two clubs and a trust since 1985".

Mr Carter said Mr Hogan would decline to answer on the ground that his answers might tend to incriminate him.

After the ruling Mr Carter left but Mr Hogan maintained his objection to answering questions on the same ground.

Justice Mansfield said the law as it stood was clear from a decision by the Full Court of the Federal Court that the ACC Act took away the privilege against self-incrimination.

Newshawk: http://www.napnt.org
Pubdate: Sat, 09 July 2005
Source: Northern Territory News (Australia)
Author: Bob Watt
Copyright: 2005 Northern Territory News
Contact: ntnmail@ntn.newsltd.com.au
Website: http://ntnews.news.com.au/
Details: http://www.mapinc.org/media/283