R v Keskin; R v Hopperton; R v Cakmakkaya [2019] NSWLC 4

Local Court New South Wales

Medium Neutral Citation: R v Keskin; R v Hopperton; R v Cakmakkaya [2019] NSWLC 4 Hearing dates: 5 December 2018 Decision date: 10 January 2019 Jurisdiction: Criminal Before: Magistrate Hiatt Decision: See [41]. Catchwords: CRIMINAL PROCEDURE – Application under section 45 of Crime Commission Act 2012 – Application for access to confidential transcripts of compulsory evidence given by witnesses to Crime Commission - whether evidence given before the Crime Commission should be provided to the parties in a criminal trial – whether interests of justice so require – relevant considerations – where Crime Commission objects – submissions taken in the absence of accused persons and their lawyers - in camera submissions taken from lawyers for interested parties (witnesses before the Commission) Legislation Cited: Crimes Commission Act 2012 (NSW) ss 44, 45 Cases Cited: R v Francis [2004] NSWCCA 85 R v Qaumi & Ors (No 11) [2016] NSWSC 252 Lee v The Queen (2014) 253 CLR 455 Category: Procedural and other rulings Parties: Director of Public Prosecutions (NSW) (applicant) Crime Commission of NSW (respondent) Erkan Keskin (interested party) Daniel Hopperton (interested party) Ergul Cakmakkaya (interested party) Witness "B" (interested party) Witness "E" (interested party) Representation: Robinson (DPP) Grady (Crime Commission of NSW) J'Demal ( Keskin) Ryan (Hopperton) Steinberg (Cakmakkaya) Sukie (witness "B") Fahmy (witness "E") File Number(s): 2017/286906 (Keskin); 2018/88573 (Hopperton); 2017/301054 (Cakmakkaya) Publication restriction: The non-publication and suppression orders made by this Court in respect to the confidential affidavit filed and closed court submissions made on 5 December 2018 and 10 January 2019, is to continue unless otherwise varied by this Court or a superior court.