Regina (C'Wealth) v Baladjam & Ors [No 24] [2008] NSWSC 1447

Regina (C'Wealth) v Baladjam & Ors [No 24] [2008] NSWSC 1447

The ASIO Act 1979 permits ASIO officers, with the approval of the Director-General of Security, to give surveillance evidence in a prosecution for the terrorism-related offence charged. Such evidence is for purposes relevant to security and, if approved, does not involve an offence under s 18(2). Exhibit B, signed by the Director-General and identifying the relevant persons, plainly authorised those persons to give written and/or oral evidence in the proceedings, including evidence relating to intelligence, information or matters coming to their knowledge by reason of their ASIO employment. Because the proposed evidence would not be criminal and approval had been given, no abuse of...

Jurisdiction
Australia
Judgment Date
11 June 2008
Procedural Posture
Criminal Application for Stay of Proceedings Alleging Abuse of Process / Application Determined Before Calling Proposed ASIO Surveillance Evidence
Outcome
Application for stay of proceedings refused
Legal Topics
['stay of Proceedings' 'abuse of Process' 'asio Surveillance Evidence' 'communication of Intelligence' 'director General Approval Under S 18(2) of the ASIO Act 1979' 'terrorism Offences']
['criminal Law' 'national Security Law' 'statutory Interpretation'] ['stay of Proceedings' 'abuse of Process' 'asio Surveillance Evidence' 'communication of Intelligence' 'director General Approval Under S 18(2) of the ASIO Act 1979' 'terrorism Offences']

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Procedural Posture

Criminal Application for Stay of Proceedings Alleging Abuse of Process / Application Determined Before Calling Proposed ASIO Surveillance Evidence

Legal Issues

  1. 1 ['Whether the proposed reliance by the Crown on surveillance evidence from ASIO officers would constitute an abuse of process because the officers were absolutely prohibited from divulging intelligence information in court proceedings.' 'Whether ASIO officers would commit an offence under s 18(2) of the ASIO Act 1979 by giving surveillance evidence in the proceedings.' 'Whether sufficient authority or approval had been given by the Director-General of Security for ASIO officers to give written and/or oral evidence in the proceedings.']

Ratio Decidendi

The ASIO Act 1979 permits ASIO officers, with the approval of the Director-General of Security, to give surveillance evidence in a prosecution for the terrorism-related offence charged. Such evidence is for purposes relevant to security and, if approved, does not involve an offence under s 18(2). Exhibit B, signed by the Director-General and identifying the relevant persons, plainly authorised those persons to give written and/or oral evidence in the proceedings, including evidence relating to intelligence, information or matters coming to their knowledge by reason of their ASIO employment. Because the proposed evidence would not be criminal and approval had been given, no abuse of...

Court Disposition

Application for stay of proceedings refused

Orders

  • ['The application for a stay of proceedings be dismissed.']