R v Qaumi & Ors (No 50) [2016] NSWSC 1036

R v Qaumi & Ors (No 50) [2016] NSWSC 1036

It is appropriate to make non-publication and suppression orders to protect an undercover operative's identity and safety, and to direct that the witness gives evidence by audio link to avoid possible prejudice to the accused and for the proper administration of justice. No party objected and the legal grounds for orders are satisfied.

Parties
Prosecution: Regina; Accused: Farhad Qaumi; Accused: Mumtaz Qaumi; Accused: Jamil Qaumi; Accused: Mohammed Zarshoy; Accused: Mohammed Kalal
Jurisdiction
Australia
Judgment Date
27 July 2016
Procedural Posture
Criminal / Interlocutory Motion Re Witness Protection/non Publication Orders
Outcome
Orders granted as sought (in accordance with prayers specified); suppression and non-publication orders made.
Legal Topics
Non Publication Orders, Assumed Identity, Undercover Police, Audio Link Evidence
Criminal Law Procedure Non Publication Orders Assumed Identity Undercover Police Audio Link Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

Farhad Qaumi

Accused

Mumtaz Qaumi

Accused

Jamil Qaumi

Accused

Mohammed Zarshoy

Accused

Mohammed Kalal

Accused

Procedural Posture

Criminal / Interlocutory Motion Re Witness Protection/non Publication Orders

Legal Issues

  1. 1 Whether the witness known as XX should be permitted to give evidence using an assumed name and by audio link with non-publication and suppression orders in place

Ratio Decidendi

It is appropriate to make non-publication and suppression orders to protect an undercover operative's identity and safety, and to direct that the witness gives evidence by audio link to avoid possible prejudice to the accused and for the proper administration of justice. No party objected and the legal grounds for orders are satisfied.

Court Disposition

Orders granted as sought (in accordance with prayers specified); suppression and non-publication orders made.

Orders

  • The witness known as XX to be referred to as XX for purposes of the hearing.
  • The witness be allowed to appear before the court under his assumed name.