R v Obeid [2022] NSWDC 51

District Court New South Wales

Medium Neutral Citation: R v Obeid [2022] NSWDC 51 Hearing dates: 15, 16, 17, 18 November 2021 Date of orders: 4 February 2022 Decision date: 04 February 2022 Jurisdiction: Criminal Before: Zahra SC DCJ Decision: The applications are dismissed (see [213]) Catchwords: CRIMINAL PROCEDURE — Application for permanent stay of proceedings EVIDENCE – Criminal Proceedings – Give false/misleading evidence at public enquiry, etc – Improperly obtained evidence – Unfair use of admissions – where evidence arising from ICAC investigation here founds the basis of criminal charges – whether ICAC investigation was ultra vires – whether evidence should be excluded INDEPENDENT COMMISSION AGAINST CORRUPTION ACT – meaning of corrupt conduct – limitation on the nature of corrupt conduct – principal functions of ICAC – whether the initiation, commencement, and continuation of the investigation met the jurisdictional prerequisite Legislation Cited: Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW) Cases Cited: Duncan v Independent Commission Against Corruption (2015) 256 CLR 83 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Greiner v ICAC (1992) 28 NSWLR 125 ICAC v Cunneen [2015] HCA 14 Jago v District Court of NSW (1989) 168 CLR 23 Jamieson v R [1988] VR 879 Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption [2018] NSWSC 387 Mehajer v The Queen (2014) 244 A Crim R 15 Texts Cited: Second Reading Speech to the Crimes (Secret Commissions) Amendment Bill 1987 (3 June 1987, Legislative Council, Hansard 13497, the Hon. J. R. Hallam) Independent Commission Against Corruption (ICAC), New South Wales, ICAC Report, July 2013, "Investigation into the Conduct of Moses Obeid, Eric Roozendaal and Others" Category: Principal judgment Parties: Regina (Office of the Director of Public Prosecutions) Moses Obeid (Accused) Rocco Triulcio (Accused) Representation: Counsel: Mr D Kell SC, (Crown) with him, Ms S Traynor (Crown) Mr M Kalyk (for the Accused, Mr Obeid) Mr P Skinner (on watching brief for the Accused, Mr Triulcio)