Chief Executive, Office of Environment and Heritage v Turnbull [2019] NSWLEC 125

Chief Executive, Office of Environment and Heritage v Turnbull [2019] NSWLEC 125

The motion to vacate the hearing was dismissed because Mr Turnbull failed to provide sufficient evidence that he was without legal representation, failed to demonstrate indigence, and failed to show that steps had been taken to secure alternative counsel. The application did not satisfy the legal principles for granting a stay or adjournment and Mr Turnbull remained legally represented by solicitors.

Parties
Prosecutor: Chief Executive, Office of Environment and Heritage; Defendant: Grant Turnbull
Jurisdiction
Australia
Judgment Date
28 August 2019
Procedural Posture
Criminal Proceeding (class 5) / Application to Vacate a Criminal Trial (notice of Motion)
Outcome
Notice of motion dismissed
Legal Topics
Adjournment of Trials, Right to Fair Trial, Legal Representation in Criminal Trials, Vacating Hearing Dates
Criminal Law Environmental Law Criminal Procedure Adjournment of Trials Right to Fair Trial Legal Representation in Criminal Trials Vacating Hearing Dates

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Parties

Chief Executive, Office of Environment and Heritage

Prosecutor

Grant Turnbull

Defendant

Procedural Posture

Criminal Proceeding (class 5) / Application to Vacate a Criminal Trial (notice of Motion)

Legal Issues

  1. 1 Whether the trial should be vacated for the third time due to unavailability of senior counsel
  2. 2 Whether the accused is indigent and without adequate legal representation
  3. 3 Whether delay or conduct of the accused's solicitor was unreasonable

Ratio Decidendi

The motion to vacate the hearing was dismissed because Mr Turnbull failed to provide sufficient evidence that he was without legal representation, failed to demonstrate indigence, and failed to show that steps had been taken to secure alternative counsel. The application did not satisfy the legal principles for granting a stay or adjournment and Mr Turnbull remained legally represented by solicitors.

Court Disposition

Notice of motion dismissed

Orders

  • Notice of motion dismissed
  • Exhibits are to be returned