R v Qaumi & Qaumi (No 5) [2016] NSWSC 1537

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Qaumi (No 5) [2016] NSWSC 1537 Hearing dates: 21, 24 & 27 October 2016 Date of orders: 03 November 2016 Decision date: 03 November 2016 Before: Hamill J Decision: Decline to make an order under s 45(5) Crime Commission Act 2012 (NSW) making evidence available to the accused, their legal representatives or to the Crown. Catchwords: CRIMINAL LAW – whether evidence given before Crime Commission should be provided to the parties in a criminal trial – whether interests of justice so require – relevant considerations – accused charged with contract killing – where evidence suggests motive in others to kill victim – where Crime Commission objects – where witness expresses fears for safety – where witness compelled to give evidence and told the evidence would not be published – where material in the form of questions not answers – where Crime Commission undertakes to notify parties of substance of evidence while not disclosing identity of witnesses Legislation Cited: Crime Commission Act 2012 (NSW) Cases Cited: R v NK (No 3) [2015] NSWSC 1257 R v Qaumi & Ors (No 3) (Severance and separate trial) [2016] NSWSC 15 R v Qaumi & Ors (No 11) (s 45 Crime Commission Act) [2016] NSWSC 211 Category: Procedural and other rulings Parties: Regina Farhad Qaumi Mumtaz Qaumi Representation: Counsel: K McKay (Crown) J Stratton SC & M Curry (F Qaumi) P Young SC (M Quami)

Solicitors: Solicitor for the NSW DPP(Crown) Archbold Legal (F Qaumi) George Sten & Co (M Quami) File Number(s): Farhad Quami - 2014/6809; 2014/315201; 2014/315252Mumtaz Quami – 2014/6813; 2014/315251; 2014/315260 Publication restriction: No publication until the conclusion of the trial