R v Elmir [2018] NSWSC 308

Supreme Court New South Wales

Medium Neutral Citation: R v Elmir [2018] NSWSC 308 Hearing dates: 9 March 2018 Date of orders: 14 March 2018 Decision date: 14 March 2018 Jurisdiction: Common Law - Criminal Before: Davies J Decision: The Protected Images

1. There is to be no disclosure of information that reveals, or tends to reveal:

1.1 the images annexed to the statement of Federal Agent Michael Wellings dated 15 March 2017 (the Protected Images); 1.2 images obtained pursuant to the warrant issued under s 16 of the Surveillance Devices Act 2004 (Cth) on 23 February 2016 by Gina Lazanas; 1.3 the evidentiary certificate issued under s 62(1) of the Surveillance Devices Act 2004 (Cth) signed by Commander Sue Thomas on 8 February 2017, and the information contained therein; 1.4 the whereabouts of the surveillance device used to obtain the Protected Images, at the time it was operational; and 1.5 the methods and means by which the Protected Images were obtained.

1A. Within 3 days of the date of this order, the AFP Commissioner, through his legal representatives, is to indicate to the Crown and the Accused which images in the brief of evidence fall within order 1.2 but do not fall within order 1.1.

1B. Within 2 business days of providing any images that fall within order 1.2 but do not fall within order 1.1 to the Court or the parties, the AFP Commissioner, through his legal representatives, is to indicate to the recipients of those images that they fall within order 1.2.

2. The Defendant and his legal representatives, and any expert retained by the Commonwealth DPP, shall, at the conclusion of these proceedings, including any appeals, return to the Commissioner of the Australian Federal Police (the AFP Commissioner), through the Australian Government Solicitor, any documents in their custody or control which fall within order 1.