R v Qaumi & Ors (No 62) [2016] NSWSC 1215

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 62) [2016] NSWSC 1215 Hearing dates: 23-24 August 2016 Date of orders: 23 August 2016 Decision date: 02 September 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: 1. The Prothonotary is to contact the Crown Solicitors Office to facilitate the appointment of counsel to act as amicus in contempt proceedings against Jamil Qaumi. 2. The Prothonotary is to provide the Crown Solicitors Office with: (a) A copy of this judgment. (b) A copy of the transcript of proceedings on 23rd and 24th August 2016. 3. Current non-publication orders are varied to facilitated order (2) above. 4. The Crown Solicitors Office should be asked to provide submissions specifically in relation to: (a)The preferred procedure. (b) The correct or best form of the charge and, in particular, whether there should be one charge of contempt with four particulars or four charges of contempt. 5. I vacate the orders made on 23-24 August 2016 adjourning the contempt proceedings until the conclusion of the trial and, in lieu thereof, list the matter for mention at 10am on Tuesday, 20 September 2016. Catchwords: CRIMINAL LAW – contempt of court – failure to answer questions – conduct of contempt proceedings. Legislation Cited: Supreme Court Rules 1970 (NSW) Cases Cited: European Asian Bank AG v Wentworth (1986) 5 NSWLR 445 Trad v Pickles Auction Pty Ltd; In the matter of Carl Trad [2006] NSWSC 1177 In the matter of Steven Smith (No 2) [2015] NSWSC 1141 R v Rudd (unreported, 10 November 1994, NSWSC) Re Lonrho [1990] 2 AC 154 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)