Regina v Amir Ibrahim El Mostafa [2007] NSWDC 332

New South Wales District Court

CITATION: Regina v Amir Ibrahim El Mostafa [2007] NSWDC 332

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

JUDGMENT DATE: 27 April 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Evidence tendered by the Crown is admissible

CATCHWORDS: Criminal law - Evidence - Telephone intercepts - Alias of accused - Prejudice

LEGISLATION CITED: ss 135, 137 Evidence Act 1995

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. These are applications by Mr Simpson on behalf of the accused El Mostafa to reject evidence tendered by the Crown or for me to rule that such tendered evidence is inadmissible. What is proposed to be tendered by the Crown is the product of two telephone intercepts legally obtained in which it is admitted by Mr Simpson his client, Mr El Mostafa, was a participant.

2. For the purposes of the voir dire I have had tendered and admitted into evidence a transcript of both of the relevant telephone calls. They are transcripts prepared by the defence. I also admitted into evidence some documents concerning another charge faced by Mr El Mostafa and which was dismissed.

3. Mr Simpson accepts the following propositions: that the translations are those recently obtained by the defence; that the intercepts are relevantly short in duration; that each of the calls contained his client's voice; in each call his client is referred to as MV 1 and that the telephone intercepts were lawfully intercepted.