High Court told of 'vested interests' after charges

A TASMANIAN opponent of gay marriage has told the High Court that there were "vested interests" at play in the Commonwealth Director of Public Prosecutions office in Hobart and the national broadcaster.

James William Durston and former Senate hopeful Andrew Scott Roberts had both been charged with using a postal service to menace, harass or cause offence.

The charges related to pamphlets that were critical of homosexuality.

After charges were brought against the men they applied to have the matter removed to the High Court citing constitutional issues.

Meanwhile the charges were dismissed in the Launceston Magistrates Court after the prosecution tendered no evidence.

Despite this the two men tried to have what they believed were constitutional matters fleshed out in the High Court.

They said the experience of being prosecuted had left a "bad taste" in their mouths.

"I do think there are a number of issues that should come out for the sake of the public.

"It is my understanding, your Honour, that there are vested interests within the public prosecution of Hobart, the individual that brought the case and the ABC, sir, and I have information to support this," Mr Durston, of Launceston, said last week.

Justice Kenneth Hayne was not swayed by the arguments stating that the men had already achieved the "best possible outcome" given the charges were dropped.

He added that anyone who encountered criminal law was "I suspect, left with a taste in the mouth that is not the best".

He dismissed their applications.