R v Joukhador [2019] NSWSC 112

Supreme Court New South Wales

Medium Neutral Citation: R v Joukhador [2019] NSWSC 112 Hearing dates: 18 February 2019 Date of orders: 18 February 2019 Decision date: 18 February 2019 Jurisdiction: Common Law Before: Davies J Decision: Upon the undertaking of the Commissioner of Police and Detective Senior Constable Daniel Opdam in accordance with the Schedule hereto (which the Court accepts), the Court orders:

1. The Commissioner of Police (by his solicitors, Norton Rose Fulbright Australia) may inspect and make copies of the material deposited with the Court pursuant to Condition 9 of the bail granted to the defendant (Marcel Joukhador) by the Court (per the Honourable Justice Fullerton) on 30 November 2017.

2. The said copies may be inspected, copied and used by the police in the proper discharge of their duties, including (without limitation) by making them available to the Director of Public Prosecutions for the purposes of conducting any prosecution.

3. Subject to Orders 1 and 2, until further order there shall be no access to the said deposited material.

SCHEDULE The Commissioner of Police and Detective Senior Constable Daniel Opdam undertake:

A. Neither they nor their agents shall make any inspection or copy pursuant to Order 1 until five days after they have notified Maddens Lawyers (incorporated in Harrow Legal, successor to the practice of Thomas Booler Lawyers) of the making of these Orders.

B. Detective Senior Constable Daniel Opdam shall not himself make any inspection or copy pursuant to Order 1.

C. No police officer who is a member of the police task force investigating Marcel Joukhador and other persons in respect of suspected or alleged fraud in connexion with the firm Thomas Booler Lawyers (including Detective Senior Constable Daniel Opdam) shall make any copy, inspection or use pursuant to Order 2 until after the material to be copied, inspected or used has been reviewed by an independent person and found not to be subject to legal professional privilege.