R v Warwick (No.16) [2018] NSWSC 733

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.16) [2018] NSWSC 733 Hearing dates: 1 May 2018 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) With respect to paragraph 2, 3, 7, the second bullet point of paragraph 15 where it first occurs; paragraph 15 where it next occurs and paragraphs 34 and 36, I uphold the Motion of the Commissioner of Police (NSW) and set those paragraphs aside. (2) Note that in lieu of the existing paragraph 2, the Accused seeks to amend it so as to delete the description of the records being sought and to substitute the following words: "all records of NSW Police concerning complaints of dishonesty, verballing, concoction of evidence, bribery, mishandling of seized items, planting of items at a scene of a crime or at the scene of a search and inappropriate relationship with informants with respect to the individuals named in the existing paragraph 2" – I refuse to permit such amendment. (3) Note however that the counsel for the NSW Police agrees that records relating to a sustained complaint with respect to Det. Woods and Det. Gersbach, being a complaint sustained by the Ombudsman, will be produced. (4) Paragraph 9 is allowed with the exception the word "person and" on the first line and insertion of the amendment "directly or indirectly" after the word "expert". (5) Paragraph 26 is permitted, subject to deletion of the words "the Crown" where appearing on two occasions and insertion of the words "the Police" in lieu thereof. Catchwords: CRIMINAL PROCEDURE – application to set aside subpoena issued to Commissioner of NSW Police – where subpoena was lengthy and broad in scope –whether subpoena amounted to discovery and was a fishing expedition – whether paragraphs objected to had legitimate forensic purpose – subpoena set aside in part – other paragraphs permitted after amendments Legislation Cited: Not Applicable Cases Cited: R v Warwick (No.2) [2017] NSWSC 1225 R v Warwick (No.12) [2018] NSWSC 522 R v Warwick (No.15) [2018] NSWSC 652 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A R Conolly / E Ramsay (Accused)