Abbas v NSW Commissioner of Police [2019] NSWSC 588

Supreme Court New South Wales

Medium Neutral Citation: Abbas v NSW Commissioner of Police [2019] NSWSC 588 Hearing dates: 17 May 2019 Date of orders: 17 May 2019 Decision date: 17 May 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) Orders 2, 3, 4 and 5 made by McCallum J on 6 December 2018 pursuant to the Court Suppression Non-Publication Orders Act 2010 are vacated.

(2) Within 14 days of today an officer of the New South Wales Police Force, or a civilian employee of the New South Wales Police Force, is to commence to undertake a review of all electronic devices listed in annexure A to these orders for the limited purpose of identifying data which is relevant to the investigation leading to the charges against the plaintiff.

(3) The plaintiff is entitled to be present, either personally or through a representative, to monitor the review of the devices referred to in annexure A and to assert a claim for privilege over any particular data which is reviewed.

(4) In the event that the plaintiff indicates a desire to be present during that review, the officer-in-charge of the investigation must put in place reasonable arrangements within normal business hours for the plaintiff or his representative to be present, at a mutually convenient location, for the purposes of the review.

(5) The review must conclude within 60 days of today and is to be recorded in its entirety by audio visual means.

(6) During the review each piece of information which is examined is to be categorised as follows:

(a) information which is irrelevant;

(b) information which is relevant, and in respect of which a claim for privilege is made and accepted;