R v Ibrahim Elomar; R v Mamdouh Elomar; R v Jousif [2017] NSWSC 1860

Supreme Court New South Wales

Medium Neutral Citation: R v Ibrahim Elomar; R v Mamdouh Elomar; R v Jousif [2017] NSWSC 1860 Hearing dates: 5 September 2017 Decision date: 05 September 2017 Jurisdiction: Common Law Before: Adamson J Decision: Pursuant to section 7(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), the Court orders that: 1. Until further order, there be no disclosure, by publication or otherwise, of any material containing any reference to: 1.1 Radius Christanto ("Christanto") pleading guilty, or any statement of any intention to plead guilty, to a charge of conspiring to bribe foreign public officials; 1.2 The plea hearing in respect of Christanto on 30 September 2013 in the Supreme Court of Victoria; and 1.3 The sentence handed down on Christanto. 1.4 The sentencing remarks in relation to that sentencing of Christanto. 2. Until further order, there be no disclosure, by publication or otherwise, of any material containing any reference to: 2.1 Securency International Pty Ltd ("Securency") and Note Printing Australia Limited ("NPA") pleading guilty, or any statement of an intention to plead guilty, to charges of conspiring to bribe foreign public officials; 2.2 The plea hearing on 5 December 2011 in the Supreme Court of Victoria in respect of Securency and NPA; 2.3 The sentences handed down on 17 July on Securency and NPA; and 2.4 The sentencing remarks in relation to that sentencing of Securency and NPA. 3. Orders 1 and 2 do not prevent disclosure of the sentencing remarks referred to in Orders 1.3 and 2.3 to and between the following people until the final determination of these proceedings and for the sole purposes of these proceedings: 3.1 The legal representatives of the defendants instructed in this proceedings; and 3.2 The Commonwealth Director of Public Prosecutions and legal representatives of the Director instructed in this proceedings. 4. I note the undertaking by the Crown to inform me when associated proceedings in the Victorian Supreme Court have been finally determined. Catchwords: PRACTICE AND PROCEDURE – non-publication order made with exception to permit offenders' counsel to have access to two decisions of the Victorian Supreme Court for the purposes of the sentence hearing Legislation Cited: Court Suppression and Non‑Publication Orders Act 2010 (NSW), ss 7, 8, 12 Category: Procedural and other rulings Parties: Regina Ibrahim Elomar (Offender) Mamdouh Elomar (Offender) John Jousif (Offender) Representation: Counsel: D Staehli SC (Crown) G Scragg (John Jousif) A Djemal (Mamdouh Elomar) G James QC (Ibrahim Elomar)