NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Rogerson; R v McNamara (No 2) [2015] NSWSC 619 Hearing dates: 12; 20 May 2015 Date of orders: 26 May 2015 Decision date: 26 May 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The Subpoena issued on 24 April 2015 on behalf of the accused McNamara to the Australian Crime Commission is set aside.
2. Any submissions to be made on behalf of the Australian Crime Commission as to costs are to be provided to my Associate in writing on or before 1 June 2015, such submissions not to exceed two pages in length.
3. Any submissions in reply are to be provided to my Associate in writing on or before 5 June 2015, such submissions not to exceed two pages in length. Catchwords: PRACTICE AND PROCEDURE – Application to set aside Subpoena – Statutory immunity from production – Whether appropriate or necessary to cross-examine the deponent of affidavit in support of the application to set aside
PRACTICE AND PROCEDURE – Subpoena seeking production of documents by the Australian Crime Commission – Where Commission not required to produce documents unless (inter alia) necessary for the purposes of a prosecution instituted as a result of an operation or investigation carried out by the Commission in performance of its functions – Where evidence that prosecution of accused was not so instituted – Subpoena set aside
WORDS AND PHRASES – "necessary" – "prosecution" Legislation Cited: Australian Crime Commission Act 2002 (Cth) National Crime Authority Act 1984 (Cth) Cases Cited: Lam v R; Lam v R [2015] NSWCCA 87 National Crime Authority v Gould and anor. (1989) 23 FCR 191 R v Micalizzi (NSWSC, 13 November 1987, unreported) R v Rogerson; R v McNamara (No 1) [2015] NSWSC 592 Young v Quin (1985) 4 FCR 483 Category: Procedural and other rulings Parties: Regina – Crown Glen Patrick McNamara – Accused Roger Caleb Rogerson - Accused Australian Crime Commission - Applicant Representation: Counsel: Mr C Maxwell QC - Crown Mr C Waterstreet – Accused McNamara M G Thomas – Accused Rogerson Mr A Markus (solicitor) – Australian Crime Commission
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