responsibilities
would
be:
the direction of the investigation; where appropriate, employment of accountants and other experts; ensuring co-ordination between members of the prosecuting and investigative teams; ensuring that documentary exhibits are properly organised; and preparation of appropriate charts and visual aids.
10
At present there is a very good co-operative system operating between the Commercial Crime Unit (C.C.U.) of the Attorney General's Chambers, the Commercial Crime Bureau of the police and the Independent Commission Against Corruption. The investigatory authorities generally bring commercial crime cases to the attention of C.C.U. at a very early stage. Large cases are assigned to a directorate officer. A task force consisting of the investigators, other Government officials who may have an interest (e.g. Commissioner of Banking, Commissioner for Securities) counsel and experts is set up. The group meets from time to time to consider progress. There is constant assessment of the direction of the investigation in an attempt to highlight and concentrate on potentially fruitful areas of inquiry. Although counsel has no authoirty over the investigators, experience shows that there is close co-operation.
11
The police and ICAC have expressed disquiet about the adoption of the 'Case Controller' tag. It is thought that existing arrangements work well and that to nominate 3 case controller would impinge upon their independence and ignore the fact that primary responsibility for the investigation of crime rests with those bodies. The LAPG is in agreement that the current system of managing cases works well
works well and does not need to be altered. The term
term 'Case Controller' will not be used to describe the current arrangement but rather terms such as 'Case Adviser' Legal Adviser 'Case Consultant
'Case Counsel' or 'Advising Counsel' will be considered.
Preparatory hearings
12
1
>
crime
>
The major area of reform recommended
of reform recommended by the Select Committee was the introduction of compulsory preparatory hearings in complex commercial
cases (see recommendations 16 and 19-38). The purpose of the preparatory hearing will be: to identify issues likely to be material to the verdict of the jury; to assist their comprehension of any such issues: to expedite the proceedings before the jury; and to assist the judge's management of the trial. Obligations will be placed on the
the prosecution and the defence to lodge certain documents to facilitate those aims. Once the case has been clarified and the matters at issue identified, the jury will be empanelled and the evidence presented. It is hoped that this will lead to a more efficient and more just method of dealing with these cases.
CONFIDENTIAL