Commissioner of Police v Raed Hariz (No 2) [2019] NSWSC 904

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Raed Hariz (No 2) [2019] NSWSC 904 Hearing dates: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Common Law Before: Hamill J Decision: (1) Continue the stay made on 29 May 2019 until the conclusion of the Local Court proceedings relating to Court Attendance Notice H69181511. (2) The stay is subject to the following conditions: (a) The New South Wales Police are to return all property seized on 23 November 2018 by 5pm on Monday, 3 June 2018 with the exception of: (i) an Apple MacBook Pro laptop serial number CO2F84KUG3QD with police exhibit number X0002570542; (ii) a black mobile telephone that has exhibit number X0002570540. (b) New South Wales Police are to make the laptop and telephone referred to in order (i) available for inspection by Mr Hariz, his lawyers and any expert retained on his behalf, such inspection to take place at the State Electronic Evidence Bureau by arrangement between the officer in charge of the investigation and the lawyers representing Mr Hariz in the criminal proceedings. (c) New South Wales Police are to provide Mr Hariz or his lawyers with a copy of the hard drive which has copied the data on the laptop referred to in order (i) by 5pm on Monday, 3 June 2019. (3) The summons is adjourned until Tuesday, 11 June 2019 at 9.30am before the Registrar for directions. Catchwords: CIVIL LAW – stay of orders made in Local Court – orders to return personal property seized during police investigation – society that places great stock in private property interests – pending criminal proceedings – procedural fairness Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Category: Principal judgment Parties: Commissioner of Police, New South Wales Police Force Raed Hariz Representation: Solicitors: N Regener (Plaintiff) File Number(s): 2019/00169320