R v Elefterios [Terry] FANTAKIS [2018] NSWSC 156

Supreme Court New South Wales

Medium Neutral Citation: R v Elefterios [Terry] FANTAKIS [2018] NSWSC 156 Hearing dates: 15 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Common Law Before: Wilson J Decision: 1. Set aside paragraphs 7, 8, 11, 12 and 35 of the subpoena of 15 January 2018 upon the Commissioner of Police. 2. Order production of the material encompassed by paragraph 17 of that subpoena by 10am on 21 February 2018. 3. Adjourn proceedings and the call on subpoena relevant to paragraphs 10, 13, 14, 19, 21, 22, 27 and 31 to 19 February 2018. 4. I will make the order sought by Mr Lee, for production on a peremptory basis to the material referred to in paragraph 4, as redacted, and paragraph 25. 5. The parties have photocopy access to the material which has been produced by the Commissioner today, or which will be produced before 19 February 2018. Cases Cited: Alister v R ("Hilton Bombing case") [1984] HCA 85; (1984) 154 CLR 404 Attorney-General (NSW) v Dylan Chidgey [2008] NSWCCA 65 Carroll v Attorney-General (NSW) (1993) 70 A Crim R at 162 Category: Principal judgment Parties: Elefterios Fantakis (Offender) The Commissioner of Police (Subpoena) Representation: Counsel: Mr Iain Andrew Todd (Fantakis) Mr Lee (Commissioner of Police)

Solicitors: Wasim Jabakhangi from Zahr Partners (Fantakis) Linda Crawford of Crown Solicitors Office (Solicitor for the Commissioner of Police) File Number(s): 2013/297834 Publication restriction: 15 February 2018 Restricted to the Parties Proceedings the subject of a suppression order pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010, such that the names of the applicants, the deceased, and witnesses likely to give evidence at trial, and any material which tends to identify these individuals, is suppressed, pending the conclusion of the trial or further order of the Court, whichever comes first. 08 November 2018 Conclusion of trial – Publication restriction removed.