R v Qaumi & Ors (No 34) [2016] NSWSC 677

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 34) [2016] NSWSC 677 Hearing dates: 23 May 2016, 27 May 2016 Date of orders: 31 May 2016 Decision date: 31 May 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) Evidence of calls between Farhad Qaumi and Mohammad Hamzy is admissible. (2) Evidence of the call between Witness L and Mahmoud Sanoussi at 22:02:50 on 15 July 2013 (Product Number 23816) is admissible. (3) Subject to any further argument, oral evidence of Witness L to put those calls in context is admissible. (4) All of the remaining calls (Product Number 23829, 18767, 19095, 19132, 24468, 19330, 24474, 24481 and 19413) are inadmissible. Catchwords: CRIMINAL LAW – telephone intercepts – evidence of calls between accused and target of shootings – where self-defence is raised – evidence relevant to relationship between the two gang leaders – evidence relevant to self-defence – initially no transcript or translation prepared – parts of conversations in Arabic – السجن – references to accused being in prison – p-prejudicial material – potential to derail trial – relevance of conversations between third parties in relation to debt collection – whether hearsay – first hand hearsay – statements as to Witness's state of mind and intention – relevant and admissible – other conversations of limited probative value – undue waste of time Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Qaumi & Ors (No 6) [2016] NSWSC 115 R v Qaumi & Ors (No 10) [2015] NSWSC 211 R v Qaumi & Ors (No 13) [2016] NSWSC 337 R v Qaumi & Ors (No 24) [2016] NSWSC 505 Category: Procedural and other rulings Parties: Regina Farhad Qaumi Mumtaz Qaumi Jamil Qaumi Mohammed Zarshoy Mohammed Kalal