Environment Protection Authority v Allam (No 2) [2022] NSWLEC 7

Environment Protection Authority v Allam (No 2) [2022] NSWLEC 7

Six of the sixteen text message groups in the 'direct dishonesty' category are admissible as tendency evidence, demonstrating a tendency by Sami Allam to promote dishonesty and deception in the company's supply of information about waste; this tendency as framed is not too general and has significant probative value. The probative value of these six groups outweighs any prejudice to the defendant, satisfying s 101. The remaining ten groups—including all seven 'inferred dishonesty' groups—do not support the asserted tendency and are not admissible for tendency or non-tendency purposes.

Jurisdiction
Australia
Judgment Date
10 May 2022
Procedural Posture
Interlocutory Criminal Ruling / Advance Evidentiary Ruling on Admissibility of Tendency Evidence
Outcome
Application granted in part.
Legal Topics
['tendency Evidence' 'probative Value' 'executive Liability' 'waste Disposal Offences' 'false or Misleading Information' 'admissibility of Evidence']
['evidence' 'environmental Law' 'criminal Law' 'procedure'] ['tendency Evidence' 'probative Value' 'executive Liability' 'waste Disposal Offences' 'false or Misleading Information' 'admissibility of Evidence']

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Procedural Posture

Interlocutory Criminal Ruling / Advance Evidentiary Ruling on Admissibility of Tendency Evidence

Legal Issues

  1. 1 ['Whether text messages are admissible as tendency evidence under s 97 of the Evidence Act 1995 (NSW)' 'Whether the alleged tendency is pleaded at too high a level of generality to have significant probative value' 'Whether the probative value of tendency evidence outweighs any prejudicial effect under s 101 of the Evidence Act 1995 (NSW)' "Whether 'inferred dishonesty' text message groups support the asserted tendency" 'Whether certain text message groups are admissible for non-tendency purposes']

Ratio Decidendi

Six of the sixteen text message groups in the 'direct dishonesty' category are admissible as tendency evidence, demonstrating a tendency by Sami Allam to promote dishonesty and deception in the company's supply of information about waste; this tendency as framed is not too general and has significant probative value. The probative value of these six groups outweighs any prejudice to the defendant, satisfying s 101. The remaining ten groups—including all seven 'inferred dishonesty' groups—do not support the asserted tendency and are not admissible for tendency or non-tendency purposes.

Court Disposition

Application granted in part.

Orders

  • ['EPA granted advance evidentiary ruling under s 97 Evidence Act that six groups of text messages (items 1, 3, 4, 6, 10, 12) are admissible as tendency evidence against Sami Allam.' 'All other groups of messages sought to be admitted as tendency or for non-tendency purposes are inadmissible.' 'Parties directed to...