A private prosecution brought by a Victorian man against the premier, Dan Andrews, was struck out by the court last week.
Thousands of people from across Australia live streamed into the video hearing at Myrtleford magistrates court last Friday morning hoping to watch the private prosecution. Reports say that the hearing descended into ‘chaos’ with people talking, sharing their screens and posting images of Andrews.
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Andrews had been summoned to appear before the criminal court on a charge of concealing treason and fraud.
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The Guardian reports: It’s understood the premier, who was this week ordered to test and isolate after coming into contact with a Covid-19 positive case, did not attend in person or online.
The online hearing cut out before the matter was heard but AAP has confirmed the case was struck out.
The magistrate issued an order noting “charge issued not served”.
Criminal procedure rules require charges brought against a person be served on them. Magistrates have the discretion to discontinue proceedings where there has been a failure to comply.
In private prosecutions it’s also possible for prosecutors to take charge over the proceeding.
They have the option of continuing the prosecution themselves or discontinuing it, which is what occurred earlier this year when a private prosecution was brought against Victoria’s chief magistrate Lisa Hannan.