Director of Public Prosecutions (NSW) v Attallah [2000] NSWSC 207

New South Wales Supreme Court

CITATION : Director of Public Prosecutions (NSW) v Attallah [2000] NSWSC 207 revised - 3/05/2000 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 13004 of 1999 HEARING DATE(S) : 13 and 14 March 2000 JUDGMENT DATE : 23 March 2000

PARTIES : Director of Public Prosecutions (NSW) (Plaintiff) Joseph Attallah (Defendant) JUDGMENT OF : Bergin J

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT C Barkell LCM JUDICIAL OFFICER :

COUNSEL : P Johnson SC (Plaintiff) G Stanton (Defendant) SOLICITORS : SE O'Connor (Plaintiff) Herd & Associates (Defendant) CATCHWORDS : Appeal pursuant to s 104(2) of Justices Act 1902 against orders made dismissing Informations for false swearing pursuant to s 87 of Independent Commission Against Corruption Act 1988 - Transcript of admissions of giving false evidence excluded by the Magistrate under s 90 of Evidence Act 1995 (NSW) on bases which contained errors of law - Application of s 110 of Justice Act 1902 in which the Supreme Court has power to refuse to quash or set aside orders if there are sufficient grounds to have authorised the making of the order. Justice Act 1902 (NSW) ss. 104(2), 109, 110; LEGISLATION CITED : Independent Commission Against Corruption 1988 (NSW) ss. 13, 37 and 38; Evidence Act 1995 (NSW) ss. 90, 135, and 137; Crimes Act 1900 (NSW) ss 330 and 331. R.V. Swaffield (1998) 72 ALJR 339; CASES CITED : Stanton v Abernathy & Anor (1990) 19 NSWLR 657; Director of Public Prosecutions v Alderman (1998) 45 NSWLR 526; Director of Public Prosecutions v Persson (unreported Supreme Court of New South Wales 16 April 1996 B.M. James J); DECISION : Sufficient grounds existed to have authorised the making of the order - Appeal dismissed.