Egan asks for stay over rights abuse

PUBLISHED : Wednesday, 06 January, 1993, 12:00am
UPDATED : Wednesday, 06 January, 1993, 12:00am

BARRISTER Kevin Egan, who is charged with helping former Legal Department colleague Warwick Reid to escape, yesterday asked the High Court to stay his case on the grounds of abuse of process.

Mr John McNamara, representing Egan, urged Deputy Judge Jones to stop the case, saying that Egan could not get a fair trial as guaranteed under the Bill of Rights.

Mr Adrian Huggins QC will reply today on behalf of the Crown.

Earlier, the judge ruled that Egan could not apply for a discharge under section 16 of the Criminal Procedure Ordinance as this section was only available to defendants who had been committed to the High Court in a ''paper committal''.

Egan had been committed by way of voluntary bill and so this procedure was not available to him, the judge held.

No plea has been taken.

Egan, 45, is charged with assisting Reid with intent to impede his apprehension or prosecution, possessing a firearm without a licence, transferring his Australian passport to Reid and possessing arms and ammunition with intent to endanger life between October 1989 and January 1990.

Reid is serving an eight-year jail sentence after pleading guilty in 1990 to having assets he could not explain.