R v Jamal [2013] NSWDC 20

R v Jamal [2013] NSWDC 20

The prosecution failed to prove beyond reasonable doubt that Saleh Jamal was present at planning discussions, assisted the shooters before or after the Lakemba Police Station shooting, or made truthful admissions of participation. The central civilian witnesses were inherently unreliable due to benefits received and criminal involvement, and their accounts contained significant inconsistencies about the accused's vehicle, participants, meetings, movements, motives and events after the shooting. Kennedy's alleged admission evidence was not accepted as a reliable or truthful admission. Accordingly the elements of participation in the alleged joint criminal enterprise were not proved.

Jurisdiction
Australia
Judgment Date
08 March 2013
Procedural Posture
Criminal Prosecution for Firing a Firearm in or Near a Public Place / Judge Alone Trial After Plea of Not Guilty
Outcome
Not guilty
Legal Topics
['judge Alone Trial' 'joint Criminal Enterprise' 'firing a Firearm in or Near a Public Place' 'reliability of Indemnified Witnesses' 'witnesses Criminally Concerned' 'informers' 'prior Inconsistent Statements' "accused's Right to Silence" 'forensic Disadvantage']
['criminal Law' 'criminal Procedure' 'evidence'] ['judge Alone Trial' 'joint Criminal Enterprise' 'firing a Firearm in or Near a Public Place' 'reliability of Indemnified Witnesses' 'witnesses Criminally Concerned' 'informers' 'prior Inconsistent Statements' "accused's Right to Silence" 'forensic Disadvantage']

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Procedural Posture

Criminal Prosecution for Firing a Firearm in or Near a Public Place / Judge Alone Trial After Plea of Not Guilty

Legal Issues

  1. 1 ['Whether the prosecution proved beyond reasonable doubt that the accused participated in a joint criminal enterprise to fire firearms at or near Lakemba Police Station on 1 November 1998.' "Whether the evidence of indemnified or otherwise benefited civilian witnesses, including Alan Rossini, Peter Laycock, Dennis Green and Roy Kennedy, was sufficiently truthful, reliable and accurate to establish the accused's participation." 'Whether alleged admissions by the accused to Roy Kennedy were made and, if made, were truthful admissions of participation rather than boasting or threats.']

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that Saleh Jamal was present at planning discussions, assisted the shooters before or after the Lakemba Police Station shooting, or made truthful admissions of participation. The central civilian witnesses were inherently unreliable due to benefits received and criminal involvement, and their accounts contained significant inconsistencies about the accused's vehicle, participants, meetings, movements, motives and events after the shooting. Kennedy's alleged admission evidence was not accepted as a reliable or truthful admission. Accordingly the elements of participation in the alleged joint criminal enterprise were not proved.

Court Disposition

Not guilty

Orders

  • ['Verdict of not guilty returned on the count alleging that the accused fired a firearm in or near a public place at Gillies Street, Lakemba on 1 November 1998.']