R v Ansari, Ansari & Ansari [2006] NSWDC 141

New South Wales District Court

CITATION: R v Ansari, Ansari & Ansari [2006] NSWDC 141

JUDGMENT DATE: 10 April 2006

JUDGMENT OF: Woods QC DCJ

CATCHWORDS: Commonwealth power - ex officio prosecution - District Court - Commonwealth DPP - power of Attoney-General

LEGISLATION CITED: Director of Public Prosecutions Act (cth)1983 Judiciary Act (cth) 1903

Duffield & Dellapatrona v R (1992) 28 NSWLR 638 CASES CITED: R v Kent; Ex parte McIntosh — (1970) 17 FLR 65 Barton v R (1980) 147 CLR 75

Regina PARTIES: Abdul Jaleel Ansari Abdul Azees Ansari Hajamaideen Ansari

FILE NUMBER(S): 05/11/0129; 05/11/1100

Peter Neil SC (Crown) Teng-Chuan NG (Crown) COUNSEL: Peter Lowe of Counsel (Azees Ansari) Sasha Milanovic of counsel (Jaleel Ansari) Anne Gibbons of counsel (Haja Ansari)

SOLICITORS: David Leamey (Jaleel & Azees Ansari)

JUDGMENT

1 HIS HONOUR: In this matter of the prosecution of Messrs Ansari by the Commonwealth Director of Public Prosecutions, an indictment is issued signed by Mr Damien Budd QC, Director of Public Prosecutions. It is dated 15 March 2006. The first of the counts on the indictment is for conspiracy. The indictment is ex officio. That matter was not the subject of committal proceedings as they are traditionally known in New South Wales, even in their more limited current form.

2 Some distance into the trial, but properly since the matter has arisen, as it were, out of a 'side wind', Mr Lowe raises on behalf of his client, Mr Abdul Azees Ansari, and other counsel do on behalf of their clients, the question of whether or not this District Court of New South Wales has jurisdiction to hear the matter: that is, is there proper process bringing the charges before the court? The argument is of some legal interest.