State of New South Wales v Elomar (Preliminary) [2020] NSWSC 1850

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Elomar (Preliminary) [2020] NSWSC 1850 Hearing dates: 15 December 2020 Date of orders: 15 December 2020 Decision date: 15 December 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: Interim Supervision Order imposed. For orders see [51]. Catchwords: Terrorism (High Risk) Offender – interim supervision order – risk posed by susceptibility to associations with radical elements – significant recent progress – voluminous material tendered on preliminary application Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Terrorism (High Risk Offenders) Act 2017 Cases Cited: State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 State of New South Wales v Elomar (No 2) [2018] NSWSC 1034 State of New South Wales v Elomar (No 3) [2018] NSWSC 1234 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Ahmad Elomar, aka Ahmed Elomar, aka Charlie Jafesn (Defendant) Representation: Counsel: J Emmett SC; MM Dalla-Pozza (Plaintiff) P Lange (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Kings Law Group (Defendant) File Number(s): 2020/334127

EX TEMPORE Judgment 1. By summons filed on 23 November 2020, the State of New South Wales seeks, inter alia, an Extended Supervision Order ("ESO") under the Terrorism (High Risk Offenders) Act 2017 (the "Act"), against the defendant Ahmed Elomar. The State summons also seeks an order under s 24(5) of the Act appointing a psychologist and a psychiatrist to examine the defendant, and an Interim Supervision Order ("ISO") under s 27 of the Act for a period of 28 days commencing 24 January 2021. This judgment deals with those claims for relief.