R v Qaumi and Ors (No 11) (s 45 Crime Commission Act) [2016] NSWSC 211

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi and Ors (No 11) (s 45 Crime Commission Act) [2016] NSWSC 211 Hearing dates: 29 February 2016, 1 – 3, 16 March 2016, Date of orders: 21 March 2016 Decision date: 21 March 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Pursuant to s 45(5) Crime Commission Act 2012 (NSW), order that the evidence of a named witness be made available to the legal representatives of Farhad Qaumi (see para [33]). Catchwords: CRIMINAL LAW – application to release transcript of evidence given at Crime Commission – application opposed by Crime Commission – correct procedure – submissions taken in the absence of the accused and his lawyers – factors relevant to the interests of justice – fairness of trial proceedings – danger to witness – right of witness to be heard Legislation Cited: Crime Commission Act 2012 (NSW) Cases Cited: Acton Engineering Pty. Limited v. Campbell [1991] FCA 469; 103 ALR 437 Chapman & Anor v Gentle & Ors (1987) 28 A Crim R 29 Lee v New South Wales Crime Commission [2013] HCA 39; 251 CLR 196 Lee v The Queen [2014] HCA 20; 253 CLR 455 Muir v The Council of Trinity Grammar School [2005] NSWSC 555 O'Hare v DPP [2000] NSWSC 430 R v Francis [2004] NSWCCA 85; 145 A Crim R 233 X7 v Australian Crime Commission [2013] HCA 29; 248 CLR 92 Category: Procedural and other rulings Parties: Crime Commission of NSW (Respondent) Regina Farhad Qaumi (Applicant) Mumtaz Qaumi (Applicant) Jamil Qaumi Mohammed Zarshoy Mohammed Kalal Representation: Counsel: M England (Crime Commission of NSW) K McKay & P Hogan (Crown) J Stratton SC & M Curry (F Qaumi) P Young SC (M Quami) N Carroll(J Quami) R Driels (Zarshoy) L McSpedden (Kalal)