R v Qaumi & Ors (No 31) [2016] NSWSC 674

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 31) [2016] NSWSC 674 Hearing dates: 23 May 2016 Date of orders: 23 May 2016 Decision date: 23 May 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Find that there are reasonable grounds for objection to answering questions on the grounds of the privilege against self-incrimination. Direct the witness to answer the questions. Provide a certificate under s 128 of the Evidence Act. Catchwords: CRIMINAL LAW – witness objects to answering questions – self-incrimination – whether reasonable grounds for objections – where witness facing trial for murder – capacity of questions to compel witness to disclose his defence – alteration to accusatorial process – where allegations relevant to defence of self-defence in current proceedings – interest of justice – balancing the rights of the accused and the witness – whether witness should be directed to answer questions over validly made objection – whether extent of cross-examination should be limited – whether witness should be provided with a certificate Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: Lee v The Queen; Lee v The Queen [2014] HCA 20; 88 ALJR 656 X7 v The Australian Crime Commission [2013] HCA 29; 248 CLR 92 Category: Procedural and other rulings Parties: Regina Farhad Qaumi Mumtaz Qaumi Jamil Qaumi Mohammed Zarshoy Mohammed Kalal Mohammed Hamzy (Intervening witness) 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) G Clarke (Kalal) M Johnson SC and G Lewer (Intervenor)