R v Qaumi & Ors (No 12) [2016] NSWSC 294

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 12) [2016] NSWSC 294 Hearing dates: 16 March 2016 Date of orders: 21 March 2016 Decision date: 21 March 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: 1. Publication of the name of Mohammed Hamzy and any other name or nickname by which is referred is prohibited pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW).

2. There is to be no publication of any evidence or submission tending to reveal the identity of Mohammed Hamzy including any physical description, photographs, alleged position in the group known as Brothers for Life, Bankstown, relationship to Mahmoud Hamzy, the address of 142 Greenacre Road, Greenacre, or the charges for which he awaits trial in the Supreme Court.

3. For the purpose of s 8 (2) I indicate that the orders are made on the grounds that (a) they are necessary to prevent prejudice to the proper administration of justice and (e) it is otherwise necessary in the public interest for the orders to be made and that public interest significantly outweighs the public interest in open justice.

4. For the purpose of s 11, the orders are to apply throughout the Commonwealth of Australia.

5. For the purpose of s 12, the orders are to remain in force until the conclusion of the Supreme Court trial of Mohammed Hamzy or until further order, whichever is the earlier. Catchwords: CRIMINAL LAW – suppression and non-publication orders – interests of justice – fair trial – prejudicial publicity – public interest in open justice – right of accused to receive a fair trial - prevent prejudice to the proper administration of justice – adverse media coverage during trial of other accused Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: R v Hamzy [2015] NSWSC 1428 Category: Procedural and other rulings Parties: Regina Farhad Qaumi Mumtaz Qaumi Jamil Qaumi Mohammed Zarshoy Mohammed Kalal Representation: Counsel: 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)