DPP dragging feet on siege inquest: lawyer

The Lindt cafe siege inquest may be delayed by arguments over access to the bail documents of gunman Man Haron Monis.

A coronial inquest into the Sydney Lindt Cafe siege

(AAP) Source: AAP

The lawyer leading the inquest into the deadly Sydney siege has accused the public prosecutor of "dragging their feet" and not cooperating with the inquiry.

Counsel assisting the inquest Jeremy Gormly SC told a hearing on Tuesday the NSW Director of Public Prosecutions office (DPP) had been late in producing statements needed for the next phase of the inquiry, which will probe the sensitive issue of how gunman Man Haron Monis was on bail.

"Not a single statement on time," a testy Mr Gormly said.

At issue is a DPP bid on Tuesday to seek legal privilege over documents relating to Monis's bail - a move that would keep them secret from lawyers for victims' families and from the public.

With the inquest due to resume on Monday, argument over the move could derail the hearing timetable and Mr Gormly accused the DPP of failing to deal with the matter sooner.

"The DPP have been dragging their feet on statements, they've been dragging their feet on cooperation," he said.

Counsel representing the DPP, David Buchanan SC, said Mr Gormly's "general spray directed at the DPP" was unfair and that the inquest had only raised the issue of needing submissions a week ago.

The DPP upset the families of Sydney siege victims with its bid to limit access to documents relating to Monis's bail and discussions between police and the DPP on a possible bail review.

Monis was on bail for serious offences at the time of the December 15, 2014 siege in central Sydney in which Katrina Dawson and Tori Johnson lost their lives.

His bail had been continued eight weeks prior to the siege.

Barrister for Ms Dawson's family, Alan Sullivan QC, slammed the "manifest unfairness and injustice" of the DPP's move to claim legal professional privilege over bail documents - preventing them from being made public or seen by lawyers.

Barrister Gabrielle Bashir, representing the family of Mr Johnson, expressed the Johnson family's displeasure over the DPP's move.

"The family are disappointed, to say the least, that this already difficult process has been protracted by the DPP's claims," Ms Bashir told the court.

Mr Buchanan told the court a brief containing documents would be available to Mr Gormly and the coroner but not to other lawyers.

He said the DPP was entitled to legal privilege in its communications with a client because they related to preparations for a possible court hearing.

"No adverse conclusion can be drawn against a party from the maintenance of privilege," he said.

Mr Sullivan said such a move would prevent him and other legal representatives giving their opinion on whether the DPP's move was acceptable.

He asked Coroner Michael Barnes to consider making the documents available only to lawyers to allow them to assess the DPP's claim.

Legal argument will resume on Wednesday.


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Source: AAP


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