Regina v Amir Ibrahim El Mostafa and Saleh Khodr [2007] NSWDC 334

Regina v Amir Ibrahim El Mostafa and Saleh Khodr [2007] NSWDC 334

The impact of an order to disclose the name outweighs the importance of disclosure; the court directs that the answer to the question about the spokesperson’s identity not be adduced due to public interest immunity and to protect the relationship between the police and the community.

Parties
Prosecutor: Regina; Defendant: Amir Ibrahim El Mostafa; Defendant: Saleh Khodr
Jurisdiction
Australia
Judgment Date
16 May 2007
Procedural Posture
Criminal / Application for Public Interest Immunity
Outcome
application granted
Legal Topics
Public Interest Immunity, Identity of Police Informer, Witness Evidence
Criminal Law Evidence Public Interest Immunity Identity of Police Informer Witness 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 1 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecutor

Amir Ibrahim El Mostafa

Defendant

Saleh Khodr

Defendant

Procedural Posture

Criminal / Application for Public Interest Immunity

Legal Issues

  1. 1 Whether the identity of the spokesperson at Auburn Police Station should be disclosed
  2. 2 Whether public interest immunity applies to prevent disclosure

Ratio Decidendi

The impact of an order to disclose the name outweighs the importance of disclosure; the court directs that the answer to the question about the spokesperson’s identity not be adduced due to public interest immunity and to protect the relationship between the police and the community.

Court Disposition

application granted

Orders

  • Direction that the answer to the question 'Who was the spokesperson that night at the Auburn Police Station?' not be adduced as evidence.