It was regrettable that two accused Black Lives Matter protest organisers have been incorrectly advised costs towards them could be dropped, nevertheless it was not a conspiracy, a Justice of the Peace has heard.
Meriki Onus and Crystal McKinnon have been accused of breaching the chief well being officer’s Covid instructions by arranging the protest in June 2020.
The Melbourne magistrates court docket was advised they have been charged virtually a 12 months later after which notified on 29 June this 12 months that costs could be dropped as a result of they have been “fatally flawed”.
However the counsel for the prosecution, Andrew Sim, stated the performing sergeant who made that decision didn’t have the authority to take action and the costs have been persevering with.
“There’s no nice conspiracy right here about malfeasance, or a political choice,” Sim advised the court docket on Wednesday.
“It was an error about somebody pondering that they had the file and so they didn’t.”
The barrister representing the ladies, Felicity Gerry QC, advised the court docket the ladies needed police handy over a collection of paperwork that they imagine could present the ladies have suffered an injustice.
Victoria police has challenged a subpoena which Sim described as a “fishing expedition”.
Sim advised the court docket it will require an oppressive train, looking individually by way of greater than 50,000 paperwork for particulars that will not exist.
He stated it was regrettable the ladies have been notified of an intention to withdraw the costs, however famous it was simply an intention.
A cost isn’t withdrawn till an software is made and granted in court docket, he stated.
Justice of the Peace Andrew McKenna earlier made the identical statement, suggesting that with out a decisive step asking the court docket to eliminate costs the case remained at sq. one.
However Gerry described the meant withdrawal, communicated to the ladies first and later confirmed by their solicitor, as unequivocal.
“One has to have the ability to depend on these processes when you will have somebody working within the Melbourne prosecutions workplace, in any other case it’s chaos,” she advised the court docket.
McKenna stated typically selections undergo quite a lot of palms, together with some with completely different views, earlier than a remaining outcome.
“This stuff occur,” he stated. “And with extra regularity than maybe some may admire.”
The listening to continues.