Hi all,

Further to my previous updates, I have since been in touch with a distinguished retired counsel who is updated on the matter. You might appreciate his thoughts, which offer some reassurance:

“...it is all going as expected. It is a preliminary hearing as to what if anything requires confidentiality for the actual trial itself. You have to let the judge David Mossop...rule on this. Any number of eminent people speaking out, as they already have, is not going to change this current process. Once there has been a ruling and a decision made as to how the trial will be run is when it really becomes important. I am hopeful that the Judge is sensible and it will be a real blow to the current AG and to Downer and Howard if they lose what they are trying to cover up. But having said that, draconian laws are draconian laws and that is what this government is about. So you need to get rid of the government to get rid of the law.

He continues: “...many of the eminent witnesses apparently called on behalf of Bernard Colleary were giving evidence that in their views there was no need for security, at least as regards the secret taping, and that an open hearing was appropriate. Of course, Downer and Howard would not be sympathetic to this argument. But they are the two who will be called upon to justify the tapping in the public domain if all goes well.

I suspect all Judges abhor the idea of a closed criminal hearing and will bend over backwards to ensure as much information as is possible is in open court. My personal exhortations of my Judicial friends would confirm this despite their natural conservatism. I have a good deal of confidence in this ACT Judge and believe he will do what he can to ensure an open hearing.

I am not sure why the Prosecution has sought to press these charges. On its face, it seems ludicrous but because things have been closed to date, it is not really possible to understand the basis of prosecution nor of the defence. So continue to watch this space...”

Well folks, here’s hoping Justice Mossop rules sensibly.

Regards, Rohini