R v NAIR [2010] NSWSC 707

New South Wales Supreme Court

CITATION : R v NAIR [2010] NSWSC 707

HEARING DATE(S) : 24 June 2010

JUDGMENT DATE : 29 June 2010

JUDGMENT OF : Latham J

DECISION : Bail Application refused

CATCHWORDS : CRIMINAL LAW - procedure - bail - grounds for granting or refusing bail - before trial - charges of murder, manslaughter, supply a prohibited drug (cocaine) x 4 and possess a prohibited drug.

LEGISLATION CITED : Bail Act 1978

CATEGORY : Principal judgment

R v Dalby (1981) 74 Cr App R 348 CASES CITED : R v Kennedy [2007] 4 All ER 1083 R v Dias [2002] 2 Cr App R 96

PARTIES : Regina - Crown Suresh Nair - Applicant

FILE NUMBER(S) : SC 2010/8460

COUNSEL : T Thorpe - Crown P Hamill SC - Applicant

SOLICITORS : S Kavanagh - (Solicitor for Public Prosecutions) - Crown Giddy and Crittenden - Applicant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

LATHAM J

29 JUNE 2010

2010/8460 R v SURESH NAIR

JUDGMENT ON APPLICATION FOR BAIL 1 HER HONOUR : The applicant, Suresh Nair, is a neuro-surgeon who practiced between 2001 and 2009 at Nepean Hospital. He is charged with the Murder of Suellen Domingues-Zaupa and the Manslaughter of Victoria McIntyre. In addition, he is charged with 4 counts of supply prohibited drug (cocaine) and one count of possess a prohibited drug (cocaine). 2 The chronology of the events founding the charges and the applicant's court appearances is of significant relevance to the application. The manslaughter offence was allegedly committed on 15 February 2009. It is alleged that the applicant supplied cocaine to Ms McIntyre, an escort who had been paid by the applicant to provide him with sexual services at his home in Elizabeth Bay. Ms McIntyre lost consciousness at the applicant's home and was conveyed to hospital by ambulance. She died the following day from acute cocaine toxicity. No charges were laid against the applicant at this time. 3 The offence of murder was allegedly committed on 19 November 2009. The applicant again supplied cocaine to an escort, Ms Suellen Domingues-Zaupa, at his home, whilst they were engaged in sexual activity. Ms Domingues-Zaupa began to suffer seizures, lapsed into unconsciousness and stopped breathing. These events took place in the presence of another escort, who has since provided an induced statement to police. That statement is the basis of the Crown allegation that the applicant omitted to seek medical assistance, and that the failure to do so was recklessly indifferent to human life, in circumstances where the applicant was a qualified medical practitioner who had previously witnessed the symptoms of acute cocaine toxicity. The applicant left his apartment and went to a hotel in the company of two escorts who were engaged by him immediately after the death of Ms Domingues-Zaupa. She was found dead in the applicant's home on 21 November, after the police had forced entry to the unit at the request of the applicant's employer who had reported the applicant missing.