Regina v Omar Rustom [2005] NSWSC 61

New South Wales Supreme Court

CITATION : Regina v Omar Rustom [2005] NSWSC 61

HEARING DATE(S) : 28/09/04, 22/10/04, 10/12/04, 11/02/05

JUDGMENT DATE : 11 February 2005

JUDGMENT OF : Dunford J

DECISION : Contemnor sentenced

CATCHWORDS : Contempt of Court - abusive and threatening remarks to juror in court after verdict of guilty of murder against brother - sentencing

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

PARTIES : Regina v Omar Rustom

FILE NUMBER(S) : SC 2004/2455

J L A Bennett SC - Crown COUNSEL : W C Terracini SC - Contemnor

S Kavanagh - Crown SOLICITORS : Sir Owen Dixon Chambers - Contemnor

LOWER COURT JURISDICTION :

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DUNFORD J

FRIDAY 11 NOVEMBER 2005

2004/2455 REGINA v OMAR RUSTOM

JUDGMENT 1 HIS HONOUR: Omar Rustom appears for sentence on a charge of contempt of court on account of an outburst by him in the courtroom directed at a juror following verdicts of guilty of murder against his brother Mohamad Rustom and another man.

2 As appears from the transcript of Proceedings after Conviction in the trial on 8 September 2004 he addressed the juror by name from the back of the courtroom as he made remarks calculated to intimidate and upset her. I thereupon charged him with Contempt in the face of the Court.

3 As I say, he now appears for sentence in relation to that. One can understand him being upset and emotional at the verdict against his brother. But the task of the jury is often very unpleasant and is always onerous, difficult and carries with it great responsibility. Accordingly, the jury must be protected and permitted to perform its function without any threat of intimidation or abuse.