R v Syed Basri, Saripah; Madubuko, Henry and Okonkwo, Ifeanyi [2008] NSWDC 348

New South Wales District Court

CITATION: R v Syed Basri, Saripah; Madubuko, Henry and Okonkwo, Ifeanyi [2008] NSWDC 348

JUDGMENT DATE: 22 October 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: HH proposes to the parties to invite, particularly the AFP, to consider releasing material already before the jury and HH refers particularly to material in respect of which a claim was sought in case note 149145352, and editing material found, particularly HH refers to material to be found in document case note 149144969, a document which appears to be sent on Monday 25 February 2008 at 12.15pm, and on the page that HH had got, which HH will show the parties from here, halfway down the page is an AFP logo with Federal Agent Kelly Mansfield on it. HH cannot better describe that document, and case note 149145352. The parties indicate to HH, what their attitude is to both the editing and whether a final judgment is required.

CATCHWORDS: Criminal law - subponea upon AFP - sought to be answered by producing redacted documents - terms of subponea - producing edited version of document fails to comply with subponea - failure to respond to terms of subponea - subsequent production compiies with terms of subponea - claim of public interest immunity - basis of immunity - ongoing investigation - relationship with foreign law enforcement - confidential methodology - nature of legitimate forensic purpose of party issuing subponea - material produced meets legitimate forensic purpose - material produced satisfies claim of public interest immunity - absence of jurisdiction to order producing party to edit documents sought on subponea - current greater exposure of law enforcement methodology in community than previously matter to take into account in exercising discretion - parties invited to reconsider their positions in respect of scope of redacted material that AFP prepared to supply independently of subponea.