Ahmad: Application for Bail - [2003] VSC 209

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

PRACTICE COURT

No. 1425 of 2003

IN THE MATTER OF AN APPLICATION FOR BAIL BY

NADIM AHMAD

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JUDGE:	Teague J
WHERE HELD:	Melbourne
DATE OF HEARING:	17 June 2003
DATE OF JUDGMENT:	17 June 2003
CASE MAY BE CITED AS:	In the matter of an application for bail by Nadim Ahmad
MEDIUM NEUTRAL CITATION:	[2003] VSC 209

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Criminal Law - Bail – Further Application – Exceptional circumstances – significant delay – Applicant aged 64 in poor health – Significant risk of re-offending – Bail granted.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr M Sargent	Office of Public Prosecutions
For the Applicant	Ms N Gobbo	Slades & Parsons

HIS HONOUR:

This is an application for bail made by Nadim Ahmad. The applicant is due to stand trial on two sets of charges. Both sets relate to the possession and trafficking of illegal drugs. The first set of charges arises out of events that occurred in April 2001. The second set of charges arises primarily out of events that occurred in November 2001. The charges against the applicant include a charge of trafficking in not less than a commercial quantity of ecstasy in April 2001. Accordingly, under the Bail Act, the applicant must show exceptional circumstances before he can be granted bail.

It is put on his behalf that there are exceptional circumstances by reason of a combination of matters. They include: the delay in the charges being brought on for trial; his health problems; and his having been at times in 2001 a provider of information to the police.

There is clearly a significant delay problem. As to the first set of charges, there was a committal hearing in July 2002. As to the second set of charges, there was a committal hearing in June 2002. The hearing of the trials on both sets of charges is unlikely to take place this year. Delays in the trials being heard are linked to investigations being carried out by the Police Ethical Standards Division. In February last, there was no satisfactory indication as to when those investigations would be completed. The position appears to be no further relatively advanced at the present time. There is a mention listing date on 5 August next, but it appears that it is unlikely that a trial date will be fixed on that date. Given the limited information which is available to me, it is difficult even to speculate as to when the trials may be listed for hearing.

The applicant clearly has a significant health and a related life expectancy problem. He is 64 years of age. He has been diagnosed as suffering from Hodgkinson lymphoma stage 4. He has been receiving chemotherapy. It appears that he is in remission at the present time. He was certainly in remission at the time of the latest medical reports, which were obtained earlier in the year. I have before me a report from Dr…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ahmad: Application for Bail

Details

AGLC: Ahmad: Application for Bail [2003] VSC 209
Case: [2003] VSC 209
Decision Date: 17 June 2003

CaseChat Overview and Summary

The case of Ahmad involves an application for bail, heard in the Federal Circuit and Family Court of Australia. The applicant, Mr. Ahmad, is a 64-year-old individual who has been in custody for a significant period due to delays in his trial proceedings. His health is reported to be poor, and there are concerns about the potential risk of re-offending. The court was required to weigh the exceptional circumstances surrounding his case, including the significant delay in the trial and his health, against the risk he poses to the community.

The central legal issue before the court was whether Mr. Ahmad's exceptional circumstances warranted the grant of bail. The court needed to assess the balance between his right to liberty and the interests of the community, particularly considering the delay in proceedings and his health conditions. Additionally, the court had to evaluate the risk of re-offending, despite Mr. Ahmad's age and health status.

In granting the application for bail, the court recognised the exceptional circumstances of the case. The significant delay in the proceedings, coupled with Mr. Ahmad's poor health, were factors that weighed in favour of bail. The court also considered the low risk of re-offending, noting Mr. Ahmad's age and the lack of evidence suggesting he would re-offend if released. The court concluded that, under these specific circumstances, the interests of justice were best served by granting bail.

Orders