Regina v Amir Ibrahim El Mostafa [2007] NSWDC 328

New South Wales District Court

CITATION: Regina v Amir Ibrahim El Mostafa [2007] NSWDC 328

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

JUDGMENT DATE: 18 April 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: ERISP is admissible with a small section removed.

CATCHWORDS: Criminal law - Admissibility of evidence - ERISP - Translator used during ERISP - Mental illness

LEGISLATION CITED: ss 85, 90, 138, 139 Evidence Act 1995

Regina v Sophear Em [2003] NSWCCA 374 CASES CITED: Regina v Pham (2001) 123 ACrimR 30 Regina v Taylor [1999] ACTSC 47

PARTIES: Regina Amir Ibrahim El Mostafa

FILE NUMBER(S): 06/11/0574

COUNSEL: Mr Calvert for the Crown Mr Simpson for Amir Ibrahim El Mostafa

SOLICITORS: Ms Flemming for the NSW DPP Ms Duffy for Amir Ibrahim El Mostafa

JUDGMENT

1. Mr Simpson, on behalf of his client, has made various applications regarding the admissibility of the ERISP conducted between the police and his client on 29 July 2005. Those applications have been made under s 85 of the Evidence Act 1995 as well as s90, s138 and s139. A good deal of evidence was tendered in the form of exhibits in respect of this application and, in addition, evidence from witnesses was called. I propose to briefly review the evidence of the witnesses who were called.

2. Detective Whitton was called by the Crown and cross-examined by Mr Simpson. In cross-examination she said that the accused was obviously concerned in respect of his arrest but not overly anxious. She was aware that he was not given any medication but she also was not aware of any request by this accused for any medication. She agreed with Mr Simpson that there was an added need to be cautious if there was a mental health issue associated with a suspect but she repeated she did not recall Mr El Mostafa asking for medication.