Application of Richard Laurence Oades [2013] NSWSC 931

Supreme Court New South Wales

Medium Neutral Citation: Application of Richard Laurence Oades [2013] NSWSC 931 Hearing dates: In chambers Decision date: 12 July 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Orders made. Catchwords: CRIMINAL - Criminal Assets Recovery Act 1990 - production order sought - orders made Legislation Cited: Drug Misuse and Trafficking Act 1985 Criminal Assets Recovery Act 1990 Category: Interlocutory applications Parties: New South Wales Crime Commission (Plaintiff) Peter Geoffrey Martin (Defendant) Representation: Solicitors: Ms K Katrib New South Wales Crime Commission File Number(s): 2013/

Judgment 1By summons of 9 July 2013, the New South Wales Crime Commission applied ex parte, seeking orders pursuant to s 33(2) of the Criminal Assets Recovery Act 1990 ('the Act') for a production order against Caroline Antwan, a person suspected of having possession or control of identified property-tracking documents of Peter Geoffrey Martin. 2 "Property-tracking document" is defined in s 4 of the Act to mean: (a) a document relevant to: (i) identifying, locating or quantifying any interest in property of a person who might reasonably be suspected of being, or of having been, engaged in a serious crime related activity, or (ii) identifying or locating any document necessary for the transfer of an interest in property of a person who might reasonably be suspected of being, or of having been, engaged in a serious crime related activity, or (b) a document relevant to: (i) identifying, locating or quantifying an interest in property that might reasonably be suspected of being an interest that is serious crime derived property, or (ii) identifying or locating any document necessary for the transfer of an interest in property that might reasonably be suspected of being an interest that is serious crime derived property. 3The application is supported by an affidavit sworn on 10 July 2013 by Richard Laurence Oades, a forensic accountant and authorised officer under the Act. Annexed is an affidavit sworn by Mr Spark, the New South Wales Crime Commission's Director (Financial Investigations), as well as a statement of facts provided by the police in relation to Mr Martin and his involvement in clandestine drug laboratories; the manufacture of prohibited drugs and his arrest and charging with an offence under s 24(2) of the Drug Misuse and Trafficking Act 1985 in respect of the drug methylamphetamine, an offence falling within the definition of "serious criminal offence" under s 6(2) of the Act. That material was relied on in support of orders sought against Mr Martin under the Act, in matter number 2013/00013314. 4On 15 January 2013 McDougall J made orders in those proceedings under s 10A of the Act in relation to Mr Martin, restraining him from dealing with specified property. 5Mr Oades deposed that he, too, suspected that Mr Martin has engaged in serious crime related activities within the definition of 'serious criminal offences' in s 6(2) of the Act, namely: "the manufacture of a prohibited drug (methylamphetamine) contrary to section 24(2) of the Drug Misuse and Trafficking Act 1985. 6 Mr Oades also deposed that he suspected that Ms Antwan, a solicitor, had possession or control of property tracking documents in respect of Mr Martin. That suspicion rested on the response of the ANZ Bank, to a notice to attend and produce documents, served on 28 February 2013 and computer searches which Mr Oades had undertaken, as the result of the response received. 7I grant leave to file the summons, the affidavit and statement of facts relied on. 8Having considered that material I am satisfied that the Commission ought not to be required to give notice of this application and that it should be dealt with ex parte. I am also satisfied that there are reasonable grounds for the suspicions to which Mr Oades has deposed he holds, that Ms Antwan has possession or control of property-tracking documents of Mr Martin, as provided in s 33 of the Act. 9In those circumstances I have concluded that the orders sought, requiring the production of the property tracking documents to Mr Oades should be made. I make orders accordingly, in the terms sought.