The Court of Summary Jurisdiction in the Northern Territory has no jurisdiction to set aside a witness summons issued by a Justice of the Peace or clerk under s 23 of the Justices Act; that power resides in the Supreme Court. An accused seeking production of prosecution documents by summons must identify a definite issue in the case to which the documents relate and articulate a legitimate forensic purpose; a bare assertion of disagreement with the prosecution case or a desire to ascertain whether issues might arise is an impermissible fishing expedition.
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