State Reporting Bureau

Transcript of Proceedings
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SUPREME COURT OF QUEENSLAND CRIMINAL JURISDICTION DAUBNEY J BRISBANE

..DATE 04/06/2012

..DAY 1

WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings.

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The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Email: [email protected]

HIS HONOUR:

Righteo, could we have him in, please?

Mr B, stand up, please. I have been informed, Mr B, that you wish to dispense with the services of your solicitor and as a consequence of that your barrister is also seeking leave to withdraw, which means you will be self-represented for this trial. Do you understand that? DEFENDANT: Yes.

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HIS HONOUR: So you'll be representing yourself for this trial, do you understand? DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: barrister. HIS HONOUR: DEFENDANT: HIS HONOUR: No, no way in the world. Yes, way in the world, Mr----No, no---------Baker. -----way in the world. Mmm. The trial----20

I'll get a - I'll get a new solicitor and No, you tried that last time, Mr B. No. The trial----30

DEFENDANT: Look - now listen here, mate, you don't know what you're fucking talking about. HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: Now you listen to me----No, no. No, you listen to----Don't come blooming start your shit, right, mate. You listen here, Mr B----50 40

DEFENDANT: You don't there - you weren't fucking there so dont start your crap. HIS HONOUR: DEFENDANT: HIS HONOUR: Mr B----Were you there? Mr B-----

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DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR:

Were you there? Now, Mr B-----

Were you there?

No you fucking weren't. Mr B-----

DEFENDANT: Because the arseholes did the wrong thing. Right? Read your fucking paragraph or your scripts, mate. Don't start putting your fucking heavy crap on me. HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: Now, Mr B----You can get stuffed. -----the trial will be----I don't give a---------preceding----Stick your

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DEFENDANT: -----fuck, you and your trial, mate. trial up your fucking arse. I'll go. HIS HONOUR: Sit down please, Mr B.

DEFENDANT: ... No, fuck you. who do you think you are? HIS HONOUR: DEFENDANT:

You don't tell me what to do, 30

Sit down please, Mr B. No, get stuffed.

HIS HONOUR: Oh, all right. Now, Mr B, the trial will be preceding. There is one matter that does need to be attended to. The principal witness for the Crown in this trial is a person who has the status of a----DEFENDANT: I don't even know what you're fucking talking about, mate. You're talking but not in the lingo language. HIS HONOUR: The complainant in respect of the count of attempted murder is a person who----DEFENDANT: HIS HONOUR: DEFENDANT: Who are you fucking talking about? -----is a----Stop talking in riddles. 50 40

HIS HONOUR: -----is a protected witness under the Evidence Act and for the purposes of the trial, you will not be----DEFENDANT: HIS HONOUR: DEFENDANT: I don't know what you're talking about----Well----I don't know - look, I don't know what you're 1-3

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talking about, mate. HIS HONOUR: Well, if you - if you stop shouting at me and listen to what I'm saying you might start to understand. DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: No, I can't----The---------understand you. The person, Ms R, is a protected witness. So what do you want me to fucking do?

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HIS HONOUR: What I want you to do is stop swearing at me and listen to me. DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: I'm not going to fucking stop swearing at you. All right then, it's a matter for you. You can stick your fucking trial up your arse. Well, that won't be happening to me, Mr----I couldn't give a shit. No. I couldn't give a shit, mate. Well that's a matter for you. Now----30 20

DEFENDANT: Well you can start your trial and stick it up your arse 'cause I - I'm not having anything to do with it. HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: Sit down. No, you get----Sit. -----fucked. Sit down. Go and get fucked. Sit down, please. I'm not fucking doing what you say. Sit down. Up you. 50 40

DEFENDANT: You're not going to fucking tell me I'm going to be representing meself at all. I need legal aid. I need representation and not you and - or any other fucking arseholes gonna tell me anything different. 1-4 60

HIS HONOUR: DEFENDANT: HIS HONOUR: Sit down. DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: down. DEFENDANT:

Sit down, please. No, get stuffed. If you don't sit down I will have you manacled. You can fucking have what you like, mate. Corrective Services, could you please----Have what you fucking like. -----could you please restrain the accused. ... Fuck you. Sit

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HIS HONOUR: Mr Bailiff, could you ask security to attend the Court please. DEFENDANT: Do what you fucking like. I got no representation so that's it. I'm not listening. I don't give a fuck who you say----HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: Court----DEFENDANT: HIS HONOUR: Mr---------or what you say. Mr B, the next people----Am I - I don't give a damn what you say, right? Mr B, the next people----I don't give a damn what you say, right? Mr B----I don't give a damn what you say. -----the next people that you see entering the I couldnt give a shit what you're saying. -----are the Court Security Staff. What do you want,

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DEFENDANT: Oh, what do you want me to do? a Mickey Mouse badge? HIS HONOUR: No.

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DEFENDANT: Stick it on your fat chest. Hey? What do you want? A Mickey Mouse badge. Come on fatso, what have you got to say for that? BAILIFF: On their way up, your Honour. 1-5 60

HIS HONOUR: DEFENDANT:

Thank you, Mr Bailiff. Oh, the mouse has gone quiet. up positions from that chair to assist the him, do you

HIS HONOUR: Security, can I ask you to take immediately behind the accused. If he moves if he makes any move from that chair you are Corrective Services personnel in restraining understand? SECURITY: Yes, your Honour.

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HIS HONOUR: Thank you. understand me? Mr B? DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: right? HIS HONOUR:

You are not to move, do you

Oh get fucked. Mr B, because Ms R ----No, listen here, lard arse - no fuck you. Because Ms R ----I don't give a shit what you fuckin' say---------is a protected witness---------I'm telling you now you can get fucked. -----the law requires----I don't give a shit All 30 20

DEFENDANT: Are you so stupid or what? what you fuckin' say.

HIS HONOUR: -----that I arrange for Ms R - for you rather, to be given free legal assistance by Legal Aid----DEFENDANT: I don't give a fuck. you say. What, are you deaf? I couldn't give a shit what 40

HIS HONOUR: -----for the cross-examination of that protected - for the cross-examination of that protected witness----DEFENDANT: Hey, lard arse, can't you fuckin' hear me?

HIS HONOUR: -----unless you arrange for legal representation----DEFENDANT: What, are you deaf?

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HIS HONOUR: -----or unless you do not want that protected witness to be cross-examined. DEFENDANT: What are you fuckin' talking about, I don't know what you're fuckin' talking about, lard arse.

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HIS HONOUR: Is there anything that you want to say in relation to me making an order----DEFENDANT: Yeah, I don't know what you're fuckin' talking about, you silly old cunt. HIS HONOUR: In which case - thank you for that submission. In which case----DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: Oh that's good, you know. -----I order - I rule----Well, you can fuckin' order what you like. -----that Ms R ----Order me a fuckin' pizza while you're at it.

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HIS HONOUR: -----is a protected witness for this proceeding----DEFENDANT: Who gives a shit.

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HIS HONOUR: Mr K, could you please communicate the fact that that order has been made to Legal Aid. DEFENDANT: MR K: Are you fuckin' off your head? 30

Yes, I will, thank you, your Honour.

HIS HONOUR: And immediately arrange for such representation as may be necessary. MR K: Thank you, your Honour. Thank you very much. Why don't you get fucked? Now Mr-----

HIS HONOUR: DEFENDANT: HIS HONOUR:

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DEFENDANT: Wait, what are these two fuckheads doing here then if they're not fuckin' representing me? HIS HONOUR: Mr Mac, do you and your instructing solicitor now seek leave to withdraw? Mr Mac: Yes, your Honour. 50

HIS HONOUR: All right then. I give you leave to withdraw. Thank you both very much for your assistance. DEFENDANT: Wait, what are these two fuckheads doing here then if they're not fuckin' representing me? HIS HONOUR: Mr Mac, do you and your instructing solicitor now seek leave to withdraw?

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Mr Mac:

Yes, your Honour.

HIS HONOUR: All right then. I give you leave to withdraw. Thank you both very much for your assistance. DEFENDANT: HIS HONOUR: Yeah, piss off. Mr K? Fuckin' dogs.

MR K: Your Honour, Mr Mac has been kind enough just to mention to me that as he understands it, any order needs to be reduced to writing and then faxed, so what I'll do is I'll get that order reduced to writing. HIS HONOUR: If you could email it to my associate and I'll initial it----MR K: Yes. -----and that can be attended to.

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HIS HONOUR: MR K:

Thank you, your Honour. All right now. You're in a position to proceed,

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HIS HONOUR: Mr K? MR K:

That would be the case, yes, your Honour.

HIS HONOUR: All right then. Well, we should then find out from Legal Aid, I take it the complainant is to be your first witness? MR K: She is, yes, your Honour. And how long do you think your

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HIS HONOUR: All right then. opening will take? MR K: Oh the opening-----

HIS HONOUR: MR K:

Once we've empanelled the jury?

About 15 or 20 minutes, I would think.

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HIS HONOUR: All right then. Well, is there any point in empanelling the jury today if your opening is going to be brief----DEFENDANT: What's this fuckin' opening brief and that you're talking about, lard arse? HIS HONOUR: If your opening is going to be that short then you'll want to call the complainant pretty well straight away. MR K: That's so, yes. I would submit the most prudent course is perhaps to allow the panel to go and then look to empanelling them tomorrow. HIS HONOUR: Yes, all right then. Now, Mr B, you can continue to interrupt me or you can listen to what I'm going to say. 1-8 60 50

DEFENDANT: HIS HONOUR:

I don't give a fuck, I need representation. No, we're beyond that stage.

DEFENDANT: No, hey, listen here you fuckin' stupid old cunt, I've got fuckin' paperwork here, if you weren't so pigheaded and using your big fuckin' fat lard arse, you might have fuckin' read it before you fuckin' jumped the gun, eh, but no, you had your fuckin' cocking mates here going on like a two bob fuckin' watch. I never said anything about fuckin' Don MacKenzie. I had a complaint against Ken fuckin' MacKenzie, right, not me barrister. I had nothing to complain about him, it was the other fuckin' prick and I wrote you a letter to fuckin' explain why. HIS HONOUR: Was there anything else you wanted to say to me at the moment? DEFENDANT: Yeah, why don't you fuckin' read it and see why I wanted to - what was it - blimmin' to adjourn for a while. HIS HONOUR: DEFENDANT: HIS HONOUR: had----No----There was a fuckin' reason for it. No, there's no adjournments, Mr B, you've

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DEFENDANT: Well, I don't give a stuff. You can't fuckin' sentence me or do anything because I'm doing a plea. The thing was when I got my plea overturned last fuckin' time, did you read it, why - what happened, was because the barrister and solicitor stuffed up. I was putting in a complaint about Don MacKenzie - Ken MacKenzie not revealing the parts I needed for my trial, but you wouldn't listen. HIS HONOUR: Mmm. Thank you for that information. going to happen is this----Now what's

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DEFENDANT: I don't give a shit what happens, anyone comes in here, I'll fuckin' disturb and I'll run amok. HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: DEFENDANT: me? HIS HONOUR: DEFENDANT: Not in my courtroom you won't. I'll fuckin' disturb and I'll run amok. Not in my courtroom you won't. Hey, don't fuckin' tell me I fuckin' won't, mate. Not in my courtroom you won't. You think these fuckin' jokers are going to worry Whether they worry you or not----Or the screws, what are you going to fuckin' do? 1-9

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HIS HONOUR: you. DEFENDANT:

Whether they worry you or not is a matter for What are you going to fuckin' do to me.

HIS HONOUR: What I'm going to do to you is tell you that your trial is starting tomorrow. DEFENDANT: HIS HONOUR: DEFENDANT: HIS HONOUR: Oh no fuckin' way, mate. Oh yes, your trial is starting tomorrow. You want a fuckin' bet? Well----You want a fuckin' bet? 10

DEFENDANT: Ill tell you what, I'll make a fuckin' bet - I'll make a bet with you and I tell you what, you'll lose your fuckin' fat arse. HIS HONOUR: tomorrow? DEFENDANT: MR K: Now, Mr K, you'll be ready for the trial to start I'll put myself in medical, you cunt.

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Thank you, your Honour, yes. I'll fuckin' slash up or I'll do something. 30

DEFENDANT: MR K:

Yes, thank you, your Honour. Yes. You don't fuckin' threaten me you fuckin' dog.

HIS HONOUR: DEFENDANT:

HIS HONOUR: You can take the accused down, thank you. I'll see you tomorrow morning at 10 o'clock, thank you, Mr B? DEFENDANT: No, I fuckin' won't, I'll tell you fuckin' now, you fuckin' lard arse. HIS HONOUR: Thank you for coming up, gentlemen, I'm grateful. I was actually called much worse things on the rugby paddock, you know. All right then. Mr Bailiff, if you could please let the jury panel know that they'll be required tomorrow morning. BAILIFF: Thank you, your Honour, yes. 50 40

HIS HONOUR: Mr Mac and your instructor, thank you both very much for your attendance this morning, I'm grateful to you for your assistance. Mr K, you'll send over a draft order for me to initial so that Legal Aid can put the wheels in motion? MR K: Yes, thank you, your Honour. Where's the - oh the bailiff's

HIS HONOUR: All right then. going. We can adjourn.

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1 THE COURT ADJOURNED AT 11.05 A.M.

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