Regina v Amir Ibrahim El Mostafa and Saleh Khodr [2007] NSWDC 334

New South Wales District Court

CITATION: Regina v Amir Ibrahim El Mostafa and Saleh Khodr [2007] NSWDC 334

HEARING DATE(S): Please see Regina v Amir Ibrahim El Mostafa [2007] NSWDC 219 for hearing dates.

JUDGMENT DATE: 16 May 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Application for public interest immunity granted.

CATCHWORDS: Criminal law - Evidence - Witness - Public interest immunity - Identity of police informer/community spokesperson

LEGISLATION CITED: s130 Evidence Act 1995

Regina PARTIES: Amir Ibrahim El Mostafa Saleh Khodr

FILE NUMBER(S): 06/11/0574; 06/21/0047

Mr Calvert for the Crown COUNSEL: Mr Simpson for Amir Ibrahim El Mostafa Dr Webb for Saleh Khodr

Ms Flemming for the NSW DPP SOLICITORS: Ms Duffy for Amir Ibrahim El Mostafa Mr Rahme for Saleh Khodr

JUDGMENT

1. In this matter a witness Miss Al Hinti was giving evidence on 14 May 2007. She attended the police station at Auburn on the night of 30 January and the early morning of 31 January 2005. She attended in the capacity of her role as an ethnic community liaison officer.

2. One of the most important tasks which she had in that capacity was liaison and enhancing the relationship between the police and the community. It was a particularly challenging role in respect of the Arabic speaking community around Auburn at that particular time and she had been somewhat successful in building up that liaison between the police and members of that community.

3. She was asked by the Crown Prosecutor in re-examination concerning her attendance at the police station that evening whether one person there acted as a spokesperson for the mostly Shi'ite members of the community who were at the police station that night. She said "Yes" and said that she knew the name of that person. When asked by the Crown Prosecutor to provide the name, she said, "I can't discuss this information I am afraid at this time".