Crime and Misconduct Commission v WSX [2013] QCA 152

Crime and Misconduct Commission v WSX [2013] QCA 152


JUDGES: Chief Justice and Gotterson JA and Mullins JSeparate reasons for judgment of each member of the Court, each concurring as to the orders made


ORDERS: In relation to each appeal: 

  1. That the respondent have leave to file and rely upon his notice of contention;
  2. That the decision given in this court on 13 December 2012 be set aside;
  3. That the decision of the Presiding Officer given on 21 August 2012, the subject of the appeal to this court, be affirmed; and
  4. That the respondent pay the appellant’s costs of and incidental to the proceeding before the primary Judge, and on appeal, assessed as necessary on the standard basis.
CATCHWORDS: CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE AUTHORITIES – QUEENSLAND – CRIME    AND    MISCONDUCT    COMMISSION    –    the respondent was the victim of a violent assault – the respondent witness refused to answer a question posed by the presiding officer at a closed hearing due to his fear of possible retribution from the assailants – the presiding officer held that the respondent did not have a reasonable excuse and directed the respondent to answer the question – the respondent appealed against the decision of the presiding officer – the appellant subsequently appealed the decision of the primary Judge – whether the witness had a reasonable excuse not to comply with the direction to answer the question. 


David Cormack – Brisbane Barrister.




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