Sanctus – The corruption trial of Supreme Court Justice Julian Young took another strange turn today when a High Court judge refused to grant an injunction stopping Parliament from holding a vote on whether or not to remove Young from his office. Shortly after the verdict, solicitors for the senior jurist announced that they would be applying for Young’s criminal case, which is ongoing in the courts, to be declared a mistrial due to the case being “irrevocably prejudiced”. Young’s case will be postponed for the rest of the week while the trial judge hears arguments for against declaring a mistrial.
An injunction was originally sought by Justice Young to postpone the voting on his removal of office until after the criminal court reached a verdict on his guilt. Refusing the injunction High Court Judge The Hon. Sylvia Churcher said it was Parliament’s “privilege” to set their own schedule and that for the Courts to intrude on this privilege would be highly suspect. Both the House of Deputies and the Senate are to vote on Young’s impeachment this Friday, 5th of October.
Although their request for an injunction was denied, Young’s lawyers confirmed that an application for a mistrial was being prepared and would be served to the trial judge in Young’s criminal case before close of chambers today. Both the defence and prosecution counsel have indicated that the trial judge, The Hon. Michael Davenport, will most likely accept the application and hear the mistrial arguments tomorrow afternoon. Should a mistrial be granted, the criminal case against Justice Young will be thrown out of the courts; under the double jeopardy rule, the State would also be unable to continue to pursue the guilt of Justice Young through the criminal courts. It is likely, however, that regardless of the outcome of the mistrial hearings, Justice Young will be impeached by both the House and the Senate and will be removed from the bench.
Legal analysts are divided over whether or not a mistrial will be granted, but many are agreed that the Justice has a very strong case for it being declared due to the Impeachment Commission, constitutionally a quasi-judicial body, finding him guilty of the exact same charge facing him in the courts.
Oral arguments are likely to begin tomorrow afternoon, with written submissions due tomorrow evening. Sources close to the Young camp anticipate an judgement before both Houses are due to vote on the impeachment – something that could prove critical.
ADAM KING, Crime & Justice Correspondent
