R v Salameh [2016] NSWSC 930

Supreme Court New South Wales

Medium Neutral Citation: R v Salameh [2016] NSWSC 930 Hearing dates: 23 June 2016 Date of orders: 05 July 2016 Decision date: 05 July 2016 Before: RS Hulme AJ Decision: Bail refused Catchwords: Bail - serious reoffending – cause not shown -electronic monitoring Legislation Cited: Bail Act 2013 Cases Cited: R v Xi [2015] NSWSC 1575 Category: Principal judgment Parties: Regina (Crown) Shadi Salameh (Applicant) Representation: Counsel: Mr G James QC (Applicant)

Solicitors: Ms E Sercombe - Director of Public Prosecutions Hanna Legal (Applicant) File Number(s): 2016/90562 Publication restriction: No

Judgment 1. This is yet another case where the Director of Public Prosecutions has submitted that bail should be refused with the result that a person charged and presumed to be innocent may well be kept in gaol for over 2 years before he is tried. The Applicant was arrested on 22 February last and I have been informed, without dissent from the representative of the DPP, that any trial is unlikely before late 2017 and may might not eventuate before mid 2018. 2. The application the subject of these reasons came before me on 23 June but because of the volume of and detail in the material placed before me, I did not feel able to decide it on the day. 3. Mr Salameh stands charged with three "groups" of offences, briefly described in the bail chronology as: 1. First Group 1. Dishonestly possess interfered with unique identifier; 2. Destroy/damage property; 3. Knowingly facilitate organised car re-birthing activity. 1. Second Group (1) Knowingly deal with proceeds of crime 1. Third Group (1) Knowingly facilitate organised car re-birthing activity; (2) Destroy/damage property 1. The offences in the first group are said to have occurred on 14 July 2015. He was charged with those offences on 17 September 2015 and granted bail. The offence in the second group is said to have occurred between 28 September and 25 November 2015 and those in the third group between 29 January and 19 February 2016. 2. No bail order has been made in respect of the second "group of offences". His application is for a grant of bail in respect of the first and third series. The next scheduled appearance in respect of all offences is at the Burwood Local Court on 6 July 2016 for mention. 3. Because Mr Salameh was on bail at the time the third group of offences are said to have been committed, s 16A et seq of the Bail Act 2013 require that bail be refused unless he shows cause why his continued detention is not justified. If cause be shown, I am then required to consider whether admitting him to bail would result in one of the unacceptable risks referred to in s 19. The Bail Act 2013 and particularly s 18 sets out a number of matters to which I am required to have regard in considering whether there would be an unacceptable risk. 4. In pursuit of the application Mr James QC who appeared on behalf of the Applicant relied particularly on a number of matters. He submitted that the case against the Applicant on the more serious charges was weak, that any sentence on the lesser charges would be likely to be less than the period the Applicant would probably have to remain in gaol if bail was refused and that conditions could be imposed, including electronic monitoring, which would very much mitigate the risk of the Applicant re-offending or not attending Court. 5. Given those matters and those referred to in the first paragraph of these reasons, it has seemed to me necessary to consider the strength of the Crown case in some detail. Other things being equal, cause is more readily shown if the period awaiting trial is long and the case against the Applicant is weak or, to take an extreme, almost doomed to fail. 6. Shadi Salameh and Khalad Salameh are sons of Jamal Salameh who operates a business, Milperra Spares which deals in second hand vehicle parts. The owners of another dealer in second hand vehicles or parts, "On Boost Auto Parts", are related to the owner of Milperra Spares. 7. Other evidence before me includes the following. (As a matter of convenience I have abbreviated vehicle identification numbers to only the last 3 digits):- Vehicle 1 1. On 14 January 2014 Shadi Salemeh purchased an unregistered white Toyota Landcruiser in poor condition with VIN 585 for $13,000. 2. On 24 July 2014 Vehicle with VIN 585 was registered and given Reg No: CA4 2HL. During the registration process it was said that the vehicle had been sold by Milperra Spares to Khaled Salemeh for $25,000. 3. On 15 August 2014 another white Toyota Landcruiser Reg No: SJ440 and having VIN 440 was stolen. 4. The body, engine and drive train of vehicle VIN 440 were placed on vehicle VIN 585. 5. On 4 May 2015 the CA4-2HL plates (on Vin 585) were changed to CXY-31J. 6. On 18 May 2015 Khalad Salameh sold vehicle VIN 585 bearing plates CXY-31J and containing engine parts from vehicle Reg No: SJ 440 to a Grant Peterson. The price was $45,000. Vehicle 2 1. On 1 September 2014, Milperra Spares purchased a significantly damaged white Toyota Landcruiser bearing VIN 160. 2. On 11 December 2014 another white Toyota Landcruiser in almost new condition Reg No: CVB-74S and bearing VIN 155 was stolen. 3. The body of vehicle CVB-74S was placed on the chassis of vehicle bearing VIN 160. 4. On 20 May 2015 vehicle with VIN 160 was registered in the name of Jamel Salameh and given Reg No: CYN-01A. 5. On 17 September 2015, Khaled Salameh was arrested driving vehicle CYN-01A. Vehicle 3 1. (1) On 25 February 2015, On Boost Auto Parts purchased a grey Subaru WRX sedan Reg No: AZB-75M, bearing VIN 877. The vehicle was in a damaged condition and on the Written-off Vehicle Register. 2. On or about 28 February 2015, a white Subaru WRX sedan Reg No: CRK-29A and bearing VIN 321 was stolen. 3. On 14 July 2015 vehicle Reg No: CRK-29A was seen in the premises of Milperra Spares. There were discrepancies between its compliance plate and VIN number. Later, inspection showed the compliance plate for VIN 877 had been fitted over the compliance plate VIN 321. 4. On 14 July 2015, Shadi Salameh claimed ownership of vehicle CRK-29A saying he had purchased it from a male "Abdul" for $8,500. Informed that the vehicle was stolen, Shadi then damaged it. 5. On 21 July 2015, Khaled Salameh emailed, I infer to the authorities, a document purporting to be a copy of a receipt dated 19 June 2015 by Abdullah Ismail for $9,500 as the price of the vehicle. Abdullah Ismail is not known at the address provided nor is the licence number given for him a valid one. 6. On Boost Auto Parts later produced receipt number 9412 dated 13 June 2015 for the sale of the vehicle AZB-75M. Receipt numbers 9411 and 9413 were dated 15 July 2015 and there was no explanation for the discrepancy in the date of receipt number 9412. . 1. The police statement of facts concerning the above offences contains two further paragraphs, viz:- (i) During the course of the investigation, Jamal Salameh has provided investigators with a statement indicating that both Toyota Landcruiser source vehicles involved in the investigation were purchased by Shadi Salameh. (ii) A forensic examination of the phone of Khaled Salameh seized at the time of his arrest on the 17 September, revealed images of all three vehicles at their place of business, Milperra Spares. 1. It is not clear which vehicles are referred to as "source vehicles" and "all three vehicles". 2. It appears that the matters referred to in respect of the "Third Vehicle" are the subject of two of the first series of charges against the Applicant and that the matters referred to in respect of all three vehicles are relied on in respect of the third charge in that series. 3. The police statement of facts and a supplementary Facts Sheet that was tendered concerning the third series of charges, includes information to the effect that a number of motor vehicles were stolen. They included three forklifts stolen on 7 February 2016 and the following:- Description Date stolen (i) AY4-7Z0 – white Toyota Hilux 9 February 2016 (ii) MLP-712 – white Toyota Hilux 9 February 2016 (iii) AY6-6AZ – white Toyota Hilux 9 February 2016 (iv) AZ6-0JB – white Toyota Aurion 9 February 2016 (v) CD7-3CX – white Toyota Landcruiser 11 February 2016 (vi) CF4-6SP – blue Toyota Aurion 11 February 2016 (vii) BW7-9ST – black Toyota Aurion 11 February 2016 (viii) AJ9-4JJ – white Toyota Aurion 11 February 2016 (ix) CB9-1LE – grey Toyota Aurion 11 February 2016 (x) BN8-2QL – white Toyota Hilux 14 February 2016 (xi) BP2-2PK – black Toyota Hilux 14 February 2016 (xii) AN8-5VB – white Toyota Hilux 14 February 2016 (xiii) CRT-63N – bronze Toyota Corolla 5 February 2016