Madden (the applicant) was charged with four dishonesty related charges which were dismissed on account of a lack of provided evidence from the Commissioner of Police (the respondent). The Magistrate, having been appraised of Madden’s intention to make a costs application, made orders dismissing the charges without hearing and determining the costs application. Madden sought leave to appeal this decision citing an error of law and procedural unfairness.
Madden’s application for leave to appeal was granted with judicial directives to the previous Magistrate should the appeal succeed.
Scott McLeod KC appeared for the respondent, instructed by QPS Legal Unit.
The judgment is published here.
