A-G's errors 'not for judges to fix'
Judges should not step in to put right blunders made by the Attorney-General, a top Queen's Counsel said yesterday.
Michael Thomas, QC, told Mr Justice Jerome Chan it would 'send shivers down the spine' if the Judiciary acted as a safeguard for mistakes made by the prosecution.
'The court is not the guardian of the public interest. It is for the Attorney-General to arrange his own affairs as he feels is right to do so,' Mr Thomas said.
He is seeking an order from the judge which would allow 'secret' information in a criminal investigation to be revealed to the public.
A mistake by the Legal Department led to the material being 'attached' to a public document, the High Court heard. Mr Thomas is representing a solicitor who was refused access to the information by the Supreme Court Registrar.
He argues the material should be made available because it forms part of the public document filed with the court.
It is not for the court to interfere when the Attorney-General forgets something or proceeds in a certain way, said Mr Thomas.
Denis Mitchell QC, for the Attorney-General says it is in the public interest that the information remains secret.
If made available it could allow suspected criminals to obtain secret details of the investigation.
The Attorney-General made a High Court application in January for evidence to be obtained in Macau for use in the inquiry.
The request, which was made in chambers, was based on an 'originating summons'.
Mr Thomas said court rules state this document, filed with the Registrar, must be open to the public.
The secret information was annexed to the summons and therefore should also be available, he said. But when solicitor Nicholas Hunsworth requested the documents he was only allowed to see the summons.
The Attorney-General points out that the secret information was not physically attached. It is only the wording on the summons which says it is annexed to it.
But Mr Thomas said the lack of a paper-clip should not get in the way of a person's rights.
Mr Justice Chan will give judgment at a later date.
