NSW Caselaw
New South Wales District Court
CITATION: R v Kashif BILAL [2010] NSWDC 328
JUDGMENT DATE: 9 November 2010
JURISDICTION: District Court of New South Wales
JUDGMENT OF: Cogswell SC DCJ
DECISION: Refer to [27]
CATCHWORDS: CRIMINAL LAW - notice of motion - Commissioner of Police seeking subpoenas issued by defence be set aside on the ground that they are an abuse of process, or to be excused from producing documents sought by subpoena on grounds of public interest immunity - sexual assault - solicit to murder - plea of guilty - question of legitimate forensic purpose - question of whether harm to public interest outweighs public interest in defence having access to documents to conduct case - application of s 130 of Evidence Act 1995
LEGISLATION CITED: Evidence Act 1995 s 130, s 131A
PARTIES: Regina Kashif Bilal
FILE NUMBER(S): 2009/230218; 2009/329212
COUNSEL: Mr Gibson for Director of Public Prosecutions Ms Kumar for Commissioner of Police
SOLICITORS: Mr Sandilands for Mr Bilal
JUDGMENT
1. Kashif Bilal has been charged with three serious offences. Two of them are sexual assaults against a named person. The third is a charge of soliciting to murder the victim of the sexual assault. Mr Kashif Bilal has pleaded guilty to all three charges. He did so yesterday when Mr Gibson as Crown Prosecutor presented the indictment against him and I have convicted him of those three charges.
2. Mr Gibson also tendered as part of his case a number of documents which became exhibit A. Amongst those documents is a document tabbed 9. That document is a statement by a person whose identity is not disclosed. All references to means of identifying the author of that document have been removed from the statement. It is apparent from the statement that the author was a prisoner in custody at the same time and in the same prison as Mr Bilal. It is also apparent from the statement that the author gives an account of various conversations with Mr Bilal which could form the basis of the charge for solicit to murder.
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