Hijazi v Commissioner of Police (NSW) [2021] NSWSC 515

Supreme Court New South Wales

Medium Neutral Citation: Hijazi v Commissioner of Police (NSW) [2021] NSWSC 515 Hearing dates: 6 May 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Common Law Before: Duty Judge – Wilson J Decision: (1) Pursuant to s 86(8) Service and Execution of Process Act 1992 (Cth), the order made by Quinn LCM on 4 May 2021 under s 83(8)(b) Service and Execution of Process Act 1992 (Cth) in relation to the plaintiff is revoked. (2) Pursuant to s 83(8)(b) Service and Execution of Process Act 1992 (Cth), the plaintiff is to be taken in the custody of Detective Sergeant Troy Kendall and Detective Senior Constable Craig Leahy of the Western Australia Police to Perth Magistrates' Court, Perth, Western Australia. (3) Pursuant to s 83(11) Service and Execution of Process Act 1992 (Cth), order 2 is suspended until 4 pm on Friday, 28 May 2021. (4) Pursuant to s 83(12)(b) Service and Execution of Process Act 1992 (Cth), the plaintiff is remanded into the custody of New South Wales Corrective Services until the end of the period provided for by order 3. (5) The parties have liberty to restore the proceedings by email to the associate and tipstaff to Wilson J on 24 hours' notice. (6) The Registrar is directed to add the Western Australian Commissioner of Police as a party to the proceedings so as to give access to the Court file and electronic portal. Catchwords: DUTY JUDGE – urgent application to set aside extradition warrant – accused to stand trial in New South Wales and wanted for offences in Western Australia – consideration of form of extradition warrant – question of validity of warrant – where any discretion pursuant to s 83 Service and Execution of Process Act 1992 (Cth) – consideration of interests of justice to have accused removed from the State the week before trial is due to commence – orders made – applicant to remain in NSW custody Legislation Cited: Service and Execution of Process Act 1992 (Cth) Criminal Procedure Act 2004 (WA) Criminal Procedure Regulations 2005 (WA) Category: Principal judgment Parties: Mohamad Hijazi (Plaintiff) Commissioner of Police (NSW) (Defendant) Commissioner of Police (WA) (Intervener) Representation: Counsel: P Lange (Plaintiff) D New (Defendant) R Coffey (Commissioner of Police (WA))