R v Al Batat & Ors (No 4) [2020] NSWSC 1076

Supreme Court New South Wales

Medium Neutral Citation: R v Al Batat & Ors (No 4) [2020] NSWSC 1076 Hearing dates: 14 August 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) I direct that any new material to be relied upon by the prosecuting authorities, either to be tendered in the trial or by way of disclosure, is to be produced to the solicitors for each of the accused by the Director of Public Prosecutions or his officers and not by officers of the New South Wales Police Force. (2) The Prosecutor is to notify the accused's lawyers as soon as such material is made available to them, that such material has been provided and provide a copy of that material to any of the accused's lawyers who ask for it. (3) Otherwise, the Prosecutor is to determine as soon as possible and give a clear indication of any material that it may seek to tender in the trial, or whether it is being provided by way of disclosure material. Catchwords: CRIMINAL LAW - procedure - service of voluminous material by police - where Prosecutor not first provided with material - no filter - pre-trial arguments proceeding - trial imminent - application for police to desist - case management orders made Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 139, 146 Category: Procedural and other rulings Parties: Regina NSW Commissioner of Police Abdallah Hassan Al Batat Ying Cheng Luo Ian Fan Jaiyu Liu Jacob Blake Bayliss Nai An Li Representation: Counsel: P Hogan (Crown) R Bhalla (Commissioner) B Rigg SC (Al Batat) R Webb (Luo) T Quilter (Fan) N Carroll (Liu) A Norrie (Bayliss) D Carroll (Li)