John Ibrahim v Regina [2006] NSWDC 45

New South Wales District Court

CITATION: John Ibrahim v Regina [2006] NSWDC 45

JUDGMENT DATE: 11 October 2006

EX TEMPORE JUDGMENT DATE : 08/25/2006

JUDGMENT OF: Finnane QC DCJ

DECISION: I grant a certificate pursuant to section 3 of the Costs in Criminal Cases Act 1967.

CATCHWORDS: costs in criminal cases - prosecution case - lack of merit - pervert the course of justice - unfavourable witness - controlled operations

LEGISLATION CITED: Costs in Criminal Cases Act ss. 2, 3 Law Enforcement (Controlled Operations) Act 1997

CASES CITED: Ridgeway v The Queen (1995) 184 CLR 19 Robinson v Woolworths Ltd [2005] NSWCCA 426

PARTIES: John Ibrahim Regina

FILE NUMBER(S): 05/11/0361

COUNSEL: Applicant: Ms E Fullerton S.C. Respondant: Ms S Bowers

SOLICITORS: Applicant: Nasser Lawyers Respondant: Ms K Nightingale for NSW DPP

JUDGMENT Introduction.

1 From time to time, criminal prosecutions are launched, which depend largely on the evidence of active criminals. Very often, these prosecutions concern very serious events and it is in the public interest that such prosecutions proceed. However, this case is not one of those. Indeed, it is a case, which from the beginning could be said justifiably to lack merit.

2 On the 20th of February 2006, the accused, John Ibrahim appeared before me charged with two offences. The first Count alleged that he did an act, namely, "Threaten Roy Malouf and members of his family intending to pervert the course of justice."

3 The second count alleged that he "did threaten to do a detriment to Roy Malouf, believing Roy Malouf, may be called as a witness in judicial proceedings, namely, the Director of Public Prosecutions v Michael Ibrahim."