R v Qaumi and Ors (No 7) [2016] NSWSC 287

R v Qaumi and Ors (No 7) [2016] NSWSC 287

Material tendered in confidential submissions by the NSW Crime Commission is not to be further disclosed to the parties. The exhibit and MFI lists should be redacted as requested to protect confidential information and avoid identifying witnesses or sources.

Parties
Prosecutor: Regina; Accused: Farhad Qaumi; Accused: Mumtaz Qaumi; Accused: Jamil Qaumi; Accused: Mohammad Zarshoy; Accused: Mohammad Kalal; Interested Party: NSW Crime Commission
Jurisdiction
Australia
Judgment Date
16 March 2016
Procedural Posture
Criminal / Procedural Ruling on Confidential Submissions and Disclosure Requests
Outcome
Material not to be disclosed to the parties. Exhibit and MFI list to be redacted.
Legal Topics
Confidential Submissions, Disclosure Obligations, Exhibit List Redaction
Criminal Procedure Confidential Submissions Disclosure Obligations Exhibit List Redaction

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Parties

Regina

Prosecutor

Farhad Qaumi

Accused

Mumtaz Qaumi

Accused

Jamil Qaumi

Accused

Mohammad Zarshoy

Accused

Mohammad Kalal

Accused

NSW Crime Commission

Interested Party

Procedural Posture

Criminal / Procedural Ruling on Confidential Submissions and Disclosure Requests

Legal Issues

  1. 1 Whether confidential submissions made by the NSW Crime Commission should be disclosed to the accused
  2. 2 Whether the exhibit and MFI lists should be redacted where based on documents in the possession of the accused

Ratio Decidendi

Material tendered in confidential submissions by the NSW Crime Commission is not to be further disclosed to the parties. The exhibit and MFI lists should be redacted as requested to protect confidential information and avoid identifying witnesses or sources.

Court Disposition

Material not to be disclosed to the parties. Exhibit and MFI list to be redacted.

Orders

  • Material tendered or marked for identification in confidential submissions not to be disclosed to the accused or their legal representatives.
  • Exhibit and MFI lists to be redacted as specified: MFI 66 will read 'confidential' and 'redacted'; MFI 67 will be 'transcript dated redacted'; MFI 68 will be 'pages redacted'.