Barakat v Director of Public Prosecutions [2014] NSWSC 1163

Supreme Court New South Wales

Medium Neutral Citation: Barakat v Director of Public Prosecutions [2014] NSWSC 1163 Hearing dates: 24 June 2014 Decision date: 22 August 2014 Jurisdiction: Common Law Before: Button J Decision: (1) An extension of time to commence proceedings is granted. (2) The balance of the further amended summons is dismissed. (3) The plaintiff, Mr Barakat, is to pay the costs of the first defendant, the Director of Public Prosecutions of New South Wales. Catchwords: CRIMINAL LAW - judicial review - application to cross-examine a witness at committal refused - whether error on the face of the record established - whether decision inherently wrong - whether the Magistrate was improperly influenced by irrelevant matters Legislation Cited: Criminal Procedure Act 1986 (NSW), s 91 Evidence Act 1995 (NSW), s 138 Law Enforcement (Controlled Operations) Act 1997 (NSW) Uniform Civil Procedure Rules r 59.10 Cases Cited: House v The King (1936) 55 CLR 499 Lee v Queen [2014] HCA 20; 88 ALJR 656 Losurdo v Director of Public Prosecutions (NSW) (1998) 101 A Crim R 162 McKirdy v McCosker [2002] NSWSC 197; 127 A Crim R 217 Sim v Magistrate Corbett [2006] NSWSC 665 Category: Principal judgment Parties: Nader Barakat (Plaintiff) Director of Public Prosecutions (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: P Skinner (Plaintiff) CA Webster SC (First Defendant) Solicitors: Macquarie Lawyers Burwood (Plaintiff) Director of Public Prosecutions (First Defendant) File Number(s): 14/82416 Publication restriction: Publication or other disclosure of any evidence relied upon in these proceedings or other material which tends to reveal the identity of AP be prohibited.