Commissioner of Police (NSW) v Fantakis [2022] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of Police (NSW) v Fantakis [2022] NSWCCA 94 Hearing dates: On the papers Date of orders: 10 May 2022 Decision date: 10 May 2022 Before: N Adams J Decision: (1) The Order to Produce made on 20 September 2021 on application by Elefterios (Terry) Fantakis is set aside, save as for paragraphs 2(b), 7 and 11. It is noted that there are no documents to produce in relation to these paragraphs. Catchwords: CRIMINAL PROCEDURE – order to produce – application to set aside by Commissioner – documents sought by respondent in relation to appeal against murder conviction – documents pertaining to the police investigation – onus on respondent to show legitimate forensic purpose – applicable approach after Blacktown and Waters – where many of the documents already produced or not in the Commissioner's possession – onus not discharged – application granted – order set aside Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1) Evidence Act 1995 (NSW), ss 90, 137, 138 Cases Cited: Alister v The Queen (1984) 154 CLR 404; [1984] HCA 85 Attorney General for New South Wales v Dylan Chidgey [2008] NSWCCA 65 Commissioner for Railways v Small (1938) 38 SR (NSW) R v Fantakis [2018] NSWSC 1815 R v Fantakis; R v Woods [2018] NSWSC 1700 R v Saleam [1999] NSWCCA 86 R v Tastan (1994) 75 A Crim R 498 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Waters v Secretary of the Attorney General's Department (Cth) [2021] NSWCCA 193 Category: Procedural rulings Parties: The Commissioner of Police (NSW) (Applicant) Elefterios Fantakis (Respondent) Representation: Counsel: Mr D Jordan (Applicant) Self-represented (Respondent)