R v Warwick (No.15) [2018] NSWSC 652

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.15) [2018] NSWSC 652 Hearing dates: 1 May 2018 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Set aside the subpoena to produce addressed to the Commissioner of the Australian Federal Police of 23 April 2018 in its current form save, and except for, the following amendments: (2) Permit paragraphs (a)(i)-(viii) inclusive. (3) Permit paragraphs 1 and 2. (4) In lieu of paragraph 3-16 inclusive, which are not permitted, order that schedule be amended so as to require the production of the files of the Australian Federal Police with the following designations: (a) File 1988/00000759 entitled "Family Law Court Occurrence Sheets"; (b) File 1987/00000707 entitled "Family Law Court Parramatta Death Threats on Staff Members"; (c) File 1987/00001929 entitled "Parramatta Law Court Alleged Assaults"; (d) File 1988/00001275 entitled "Family Law Courts Parramatta Wilful Damage to Property"; (e) File 1988/00002226 entitled "Family Law Courts – Bomb Threat Parramatta"; (f) File 1985/00000071 entitled "Mauri Hall/Paulo DOB 17/8/34 Miscellaneous Enquiry"; (g) File 1989/00000132 entitled "Maher, Clare"; and (h) File 1991/00006982 entitled "Fuller, Virginia". (5) Paragraph 17 of Exh PTL should be amended so as to insert the words "AFP prepared for the" immediately before the word "Eastman" where it first appears; and secondly, in subparagraph (4) insert the following "Mr Robert Barnes, Professor Zitrini, Dr Zeichner, Professor James Robertson, given to" between the words "of" and "the" of paragraph 17; (6) Direct that the documents so identified be produced as soon as possible, but no later than Tuesday 8/5/2018 at 10am. (7) Grant liberty to apply on 1 days' notice with respect to any variation of these orders. Catchwords: CRIMINAL PROCEDURE – application to set aside subpoena issued to third party – whether subpoena amounted to discovery and was a fishing expedition – whether no legitimate forensic purpose – subpoena set aside in part Legislation Cited: Not Applicable Cases Cited: Carroll v Attorney-General of New South Wales (1993) 70 A Crim R 162 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 R v Saleam (1989) 16 NSWLR 14 R v Saleam [1999] NSWCCA 86 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A Conolly / E Ramsay (Accused)