[24] There are several reasons why this application must fail. One or two of the defects are, or may be, capable of being cured, but we should make it clear that in our view there is no reason for supposing that the papers ever would or ever could be put into a state which would warrant the summoning of a grand jury. There is a wide range of deficiencies. Most of the affidavits fail to state the deponent’s place of residence. … In addition, the affidavits are objectionable by reason of the way in which they put before the Court a hotch-potch of documents and assertions, inadequately identified and sourced. No-one would wish to see an applicant in person suffer as a result of inability to assemble and verify material as a lawyer would, but benevolent indulgence cannot be stretched to the point of accepting what has been put forward in this case. Quite apart from questions of proper form and admissibility, even applicants in person cannot expect a court to wade through material of the present kind in the hope that there may be found “a grain or two of truth among the chaff”. What, for example, are we expected to make of the vicissitudes of Mr Fyffe, said to be currently lodged in Port Phillip prison for threatening to kill, or those which have beset Ms McKinnon in her attempts to defeat her prosecution for a traffic offence? … Read more »
A friend forwarded me this entertaining demonstration of the unwavering patience shown by our courts to litigants in person who allege the existence of secret masonic conspiracies -- particularly when, as in this case, an interesting (if obscure) point of criminal procedure is raised. This judgment of the Full Court concerns an ex parte application to summon a grand jury pursuant to s 354 of the Crimes Act 1958 (Vic), a procedure (one of the few on the books still to refer to 'men') which has been repealed in all other Australian law areas. As to the construction of that section, the Court overruled a previous decision of the Full Court, instead holding that the Court retains discretion whether to order the summoning of a grand jury.
However, the real fun begins at paragraph 15, where the Court makes fairly extensive comments about the 'highly unusual facts of this case' (at [14]) (emphasis added):
Unsurprisingly, the application was unsuccessful: