Commissioner of Police NSWPF v Amoun (No 3) [2021] NSWSC 737

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police NSWPF v Amoun (No 3) [2021] NSWSC 737 Hearing dates: 23 June 2021 Date of orders: 23 June 2021 Decision date: 23 June 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. Paragraph 8.1 of annexure A to Garling J's judgment be varied by suspending the prohibition on the second defendant approaching, contacting, speaking to, or associating directly with Haissam Hamzy, Tareek Hamzy, and Ghassan Amoun. Such suspension is limited to the hours of 9am to 3pm on 23 June 2021 and only whilst the second defendant is present at the funeral of Bilal Hamzy at the Lakemba Mosque and at Rookwood Cemetery. 2. Suppression order made with respect to the hearing of the Second Defendant's Notice of Motion dated 22 June 2021 and Davies J's reasons for judgment of 23 June 2021 pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) on the ground contained in s 8(1)(c) such suppression to be in place until 4:00pm on 23 June 2021. Catchwords: CRIME – serious crime prevention orders – application to vary – where orders made preventing contact between two crime families and amongst members of the Hamze families – where a member of the Hamze family recently killed – application by one member of the Hamze family subject to the orders to attend the funeral – opposed by police – non-association order varied for limited time – suppression order until the conclusion of the funeral Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) ss 7, 8 Cases Cited: Commissioner of Police NSWPF v Amoun & Anor [2020] NSWSC 1810 Commissioner of Police NSWPF v Amoun (No 2) [2021] NSWSC 734 Texts Cited: Nil Category: Procedural rulings Parties: Commissioner of Police, New South Wales Police Force (Plaintiff) Ibrahem Hamze (Second Defendant) Representation: Counsel: C Melis (Plaintiff) G James QC and E James (Second Defendant)