Attorney General v Kaddour & Turkmani [2001] NSWCCA 456

Attorney General v Kaddour & Turkmani [2001] NSWCCA 456

The learned trial judge failed to apply the proper statutory test under section 130 of the Evidence Act 1995 (NSW) by not striking a precise balance between the competing public interests. The interlocutory judgment and orders rejecting public interest immunity should be vacated.

Parties
Appellant: Attorney General; Respondent: Kaldid Kaddour; Respondent: Bassam Turkmani; Amicus Curiae: P.I. Lakatos
Jurisdiction
Australia
Judgment Date
16 November 2001
Procedural Posture
Criminal Appeal / Appeal From Interlocutory Judgment
Outcome
appeal allowed
Legal Topics
Public Interest Immunity, Fair Trial, Evidence
Criminal Law Public Interest Immunity Fair Trial Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Appellant

Kaldid Kaddour

Respondent

Bassam Turkmani

Respondent

P.I. Lakatos

Amicus Curiae

Procedural Posture

Criminal Appeal / Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether public interest immunity can be claimed to prevent disclosure of police informers' identity during cross-examination.
  2. 2 Whether section 130 of the Evidence Act 1995 (NSW) applies to public interest immunity claims regarding confidential sources.
  3. 3 Whether refusing to allow questioning of witnesses as to informer status infringes the respondents' right to a fair trial.

Ratio Decidendi

The learned trial judge failed to apply the proper statutory test under section 130 of the Evidence Act 1995 (NSW) by not striking a precise balance between the competing public interests. The interlocutory judgment and orders rejecting public interest immunity should be vacated.

Court Disposition

appeal allowed

Orders

  • Interlocutory judgment and orders rejecting claim of public interest immunity vacated.
  • Confidential Statements to be placed in a sealed envelope and not opened without prior court order.