Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 807

Supreme Court New South Wales

Medium Neutral Citation: Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 807 Hearing dates: 10 July 2023 Decision date: 10 July 2023 Jurisdiction: Common Law Before: Button J Decision: Bail is refused Catchwords: CRIME – bail – release application – alleged murder and kidnapping – where applicant has had multiple release applications refused – two detailed judgments already published – appropriateness of conciseness – s 74 Bail Act 2013 engaged – test for revisitation assumed to have been established for the sake of substantive determination – conceded by Crown that cause shown based on medical conditions – resources to escape justice – significant ties to criminal organisation – troubling criminal record – unacceptable risk that applicant will commit a serious offence of violence, fail to appear, and endanger the safety of a witness – bail refused Legislation Cited: Bail Act 2013 (NSW) Cases Cited: Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 75 Zahed v R [2023] NSWCCA 86 Category: Principal judgment Parties: Tarek Zahed (Applicant) DPP (NSW) (Respondent) Representation: Counsel: G Brady SC (Applicant) D Scully (Respondent) R Lee (Interveners)

Solicitors: One Group Legal (Applicant) Solicitor for Public Prosecutions (Crown) Crown Solicitor's Office (Interveners) File Number(s): 2023/201561

revised ex tempore JUDGMENT

Introduction 1. I commence my judgment by saying that I will speak elliptically, and for that reason things may not be as detailed as they would be otherwise. Bearing in mind the sensitivity of this matter, and the fact that the court is open, every member of the Bar table remains at liberty to interrupt me as needs be. 2. Another reason why I will be concise, again with the agreement of the parties, is that this is the fifth bail application made by the applicant in less than a year. It has been the subject of detailed consideration in two judgments, one of a Judge of this Court: see Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 75, and one of the Court of Criminal Appeal: see Zahed v R [2023] NSWCCA 86. 3. Those judgments are publicly available in written, albeit redacted, form. I think that the interests of justice do not merely suggest that I should avoid fruitless repetition, they more or less require it.