R v Qaumi & Ors (No 50) [2016] NSWSC 1036

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 50) [2016] NSWSC 1036 Hearing dates: 27 July 2016 Date of orders: 27 July 2016 Decision date: 27 July 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: 1. The witness who has provided a statement served in the brief of evidence under the assumed name "XX" to be referred to as "XX" for the purposes of the hearing of this motion. 2. The witness XX("the witness") be allowed to appear before the Court at the hearing of these proceedings under his assumed name. 3. The witness be otherwise referred to as "XX" during the course of the hearing, during the course of any other or further interlocutory proceedings conducted in connection with these proceedings, in any published judgments of the Court and for all other purposes of these proceedings. 4. There is to be no disclosure of the real identity of the witness or of any document or evidence that identifies, or might facilitate the identification of, the real identity of the witness, except as is necessary for the proper conduct of the proceedings. 5. There is to be no publication of the assumed identity of the witness or of any document or evidence that identifies, or might facilitate the identification of, the assumed identity of the witness, except as is necessary for the proper conduct of the proceedings. 6. Without limiting the generality Orders 6 and 7, there is to be no disclosure of any visual or other description or depiction of the physical appearance or any other identifying feature of the witness, except as is necessary for the proper conduct of the proceedings. 7. In the event that order 7 is made, pursuant to the Court Suppression and Non-Publication Orders Act 2010, it is to apply until further order of the Court. 8. In the event that order 7 is made, pursuant to the Court Suppression and Non-Publication Orders Act 2010, it is to apply throughout the Commonwealth. 9. Orders made pursuant, to the Court Suppression and Non-Publication Orders Act 2010 are made upon the grounds set out in ss 8(1)(a), (c) and (e) of that Act. Catchwords: CRIMINAL LAW –audio link – non-publication orders – undercover police officer – assumed identity –XX. Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW) Cases Cited: R v Qaumi & Ors (No 9) (Court Closure) [2016] NSWSC 171 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) G Clarke (Kalal)