Regina v Ibrahim [2007] NSWSC 1140

New South Wales Supreme Court

CITATION : Regina v Ibrahim [2007] NSWSC 1140

HEARING DATE(S) : 5 October 2007

JUDGMENT DATE : 5 October 2007

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 5 October 2007

DECISION : Application granted.

CATCHWORDS : Basha inquiry - changes in position of principal Crown witness on critical evidence before trial - removal of prejudice to the accused.

CASES CITED : Basha (1989) 39 A Crim R 337

PARTIES : Regina Michael Ibrahim

FILE NUMBER(S) : SC 2006/2811

COUNSEL : Mr Richter QC - Applicant Ms E Wilkins SC - Respondent

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

PRICE J

5 October 2007

2006/2811 Regina v Michael Ibrahim

JUDGMENT ex tempore

1 HIS HONOUR: During the committal proceedings George Michael Nassour gave evidence and was cross-examined by Ms Fullerton SC, as she then was, for the accused Michael Ibrahim. The effect of his evidence-in-chief, so far as the count of murder is concerned, was that he saw a knife, while each of the accused and the person referred to as Faouzi were kicking and punching his brother. However, he did not see who was holding the knife. 2 Mr Nassour's evidence on this issue substantially departed from his statement which had been served on the accused pursuant to orders made in the Local Court. At paragraph 27 of the statement, Mr Nassour nominated the accused, Michael Ibrahim, as having a knife in his hand. He relevantly states, "I saw Michael Ibrahim bend down as he stood around the head and shoulder area of my brother and use that knife to stab at my brother."