A couple of months ago Mitchell Johnson packed his bags and got on a flight to Chennai. It was Australia's off season, but after having spent the World Cup in the Caribbean sitting in the dressing room while his mates went through another undefeated campaign, Johnson was anxious to ensure that he started the new season fully prepared. After all, with Glenn McGrath having traded the 22 yards for the Hall of Fame, there was a new-ball place up for grabs.

For Johnson, who can nudge the speedometer up to 150kph when his rhythm's right, sharing the new ball with Brett Lee would be the culmination of a dream that almost had its requiem three years ago when he was axed from the Queensland squad. For a young manfrom the requirements of the Speedy Trial Act altogether, and open the door for wholly unnecessary delays in contravention of the Act's purpose.


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In this case, these requirements were not met.  The court imposed no limit on the original "ends of justice" continuance, and the court made no findings to justify its August 28, 1987 order that set the trial date more than 70 days later.  Apparently the district court regarded this order as an extension of its first "ends of justice" continuance, entered on July 14, 1986.  However, such a characterization is impermissible under the Speedy Trial Act.  Not only was the original continuance open-ended, but the Act requires each "ends of justice" continuance to be justified with reference to the facts as of