R v Saliu and Saliu [2019] NSWDC 275

District Court New South Wales

Medium Neutral Citation: R v Saliu and Saliu [2019] NSWDC 275 Hearing dates: 5/2/19-20/2/19, 16/5/19, 21/6/19 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Application for certificate under the Costs in Criminal Cases Act 1967 – refused. Catchwords: Crime - Costs Legislation Cited: Costs in Criminal Cases Act 1967 Crimes Act 1900 Evidence Act 1995 Cases Cited: Cox v R (No 2) [2017] NSWCCA 129 DAO v R [2016] NSWCCA 282 Mordaunt v Director of Public Prosecutions [2007] NSWCCA 121; 171 A Crim R 510 R v Greentree [2019] NSWSC 216 R v Johnston [2000] NSWCCA 197 R v Manley [2000] NSWCCA 196; 112 A Crim R 570 R v Moore [2015] NSWSC 1263 Category: Costs Parties: Anna Saliu and Edita Saliu (Applicants) DPP (Respondent) Representation: Counsel: Ms M Kumar for DPP Ms L McSpedden for Anna Saliu Mr P Massey for Edita Saliu File Number(s): 2013/78202, 13/78219

Judgment on costs APPLICATIONS 1. Applications have been made by Anna Saliu and Edita Saliu for the grant of a certificate under s 2 of the Costs in Criminal Cases Act 1967 (the "Costs Act"), following the discontinuation of criminal proceedings against them. 2. The Applicants (referred to herein as "Anna" and "Edita" respectively) were before the Court on a joint indictment which contained four counts. 3. The charges arose from a number of transactions involving a residential property in Erskineville, which was the former matrimonial home of Mr Kenan Idrizovski and Mrs Mevlude Idrizovska (the parents of Anna and grandparents of Edita). Kenan Idrizovski (Kenan) passed away on 6 July 2017, and Mevlude Idrizovska (Mevlude) is a lady now in her 80s, who apparently lives with another daughter, Tina, the sister of Anna.