Environment Protection Authority v Mouawad (also known as Boulos Isaac) (No 2) [2023] NSWLEC 38

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Mouawad (also known as Boulos Isaac) (No 2) [2023] NSWLEC 38 Hearing dates: 5 April 2023 Date of orders: 5 April 2023 Decision date: 05 April 2023 Jurisdiction: Class 5 Before: Pritchard J Decision: Orders at paragraph [56] Catchwords: PRACTICE AND PROCEDURE – Pre-trial mention – Whether leave should be granted for agent to appear in Class 5 proceedings – Direction to seek pro bono legal assistance – Defendant seeks to vacate trial dates on ground of mental unfitness – Statutory test of fitness to stand trial not applicable – Common law test of fitness to stand trial – Fitness inquiry ordered – Fitness inquiry to be heard by separate judge of this Court – Pre-trial directions made in the event that the defendant is found fit for trial. Legislation Cited: Criminal Procedure Act 1986 (NSW) s 247E Land and Environment Court Act 1979 (NSW) s 63(1) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 8, 35, 36 Mental Health (Forensic Provisions) Act 1990 s 4 Protection of the Environment Operations Act 1997 (NSW) ss 142A, 143, 144 Cases Cited: Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander; Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander [2010] NSWLEC 235 Hudson v Director-General, Department of Environment, Climate Change and Water (2012) 187 LGERA 207; [2012] NSWCCA 92 R v Cranston (No 8) [2021] NSWSC 9 R v Presser [1958] VR 45 Regina v TJ Tier [2001] NSWCCA 53 Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek (No. 2) [2011] NSWLEC 196 Category: Procedural rulings Parties: Environment Protection Authority (Prosecutor) Paul Mouawad also known as Boulos Isaac (Defendant) Representation: Counsel: N Sharp SC with T Phillips (Prosecutor) Solicitors: Legal Services Branch, Environment Protection Authority (Prosecutor) Agent for the defendant: N Mouawad File Number(s): 2018/260536, 2018/260542 and 2018/260553 Publication restriction: Nil