R v Obeid (No 7) [2016] NSWSC 132

Supreme Court New South Wales

Medium Neutral Citation: R v Obeid (No 7) [2016] NSWSC 132 Hearing dates: 23 February 2016 Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: Application to discharge jury granted. Catchwords: JURY TRIAL – discharge application – Crown witness reveals existence of potentially corroborative material not revealed previously – no proper opportunity for Accused or Crown to examine and consider material – application for discharge granted. Category: Procedural and other rulings Parties: Regina – Applicant Edward Moses Obeid – Respondent Representation: Counsel: P. Neil SC, Ms S. Beckett – Crown B. Hughes SC, J.J. Tunks – Respondent

Solicitors: Solicitor for Public Prosecutions – Crown Breene & Breene – Respondent File Number(s): 2015/053925 Publication restriction: Restriction lifted.

EX TemporE Judgment (revised from Transcript) Application to discharge jury; see transcript p 575 1. Today was due to be the ninth day of the trial. The Crown was in the process of leading evidence in its case. It was anticipated that it would close its case shortly. Before the jury were brought in Senior Counsel for the accused, Mr Hughes SC, advised the Court that he would be applying to discharge the jury. The Crown Prosecutor also indicated that the Crown was seeking leave to recall two witnesses in its case, namely an ICAC investigator, Mr Berry, and Mr Paul Maroon. 2. The jury were dismissed for the day and the Court heard argument on those applications. For the reasons that follow I will order the discharge of the jury when the matter resumes tomorrow. That conclusion renders otiose the Crown's application.