Event and Time
Event Description
On 9 May 2022, the Court of Appeal referred questions to the Trial Division for determination according to s 319A of the Criminal Procedure Act 2009 (Vic). The case involves the subpoena of Officer Black, a member of the Source Development Unit of Victoria Police, to testify in a Reference Determination hearing. His testimony is due as part of an ongoing investigation into the conduct of police informants.
Application and Claims
- Officer Black applied for a certificate under s 128 of the Evidence Act 2008 (Vic) to protect him from self-incrimination before giving evidence on his connections with Ms. Gobbo, a human source for the police, during critical periods surrounding allegations of misconduct.
- The core applications outlined concerns regarding potential offenses of attempting to pervert the course of justice or misconduct in public office arising from his testimonies.
Judicial Decisions
The proceedings involved several evaluations of Officer Black's applications in light of his potential exposure to criminal charges based on the anticipated evidence. Though the parties did not oppose Officer Black's application, the judge scrutinized his claims about the need for protection from self-incrimination.
Dispute Points and Legal Basis
Dispute Points
Officer Black's Claims:
- Concern regarding potential prosecution for offenses of attempting to pervert the course of justice and misconduct in public office.
- Provided two affidavits: One addressed his interactions with Gobbo and his belief in his non-involvement in criminal conduct; the second included correspondence with the Special Investigator indicating potential avenues for immunity.
Counterarguments:
- The judge expressed skepticism about the existence of reasonable grounds for Officer Black's claims, citing:
- No charges or investigations had been initiated against him in relation to the pertinent offenses. - The Director of Public Prosecutions had not received sufficient evidence for prosecution, contrasting with other officers under investigation.