CITATION: Attorney General v Kaddour & Turkmani [2001] NSWCCA 456 FILE NUMBER(S): CCA 60624/01 HEARING DATE(S): 13 November 2001 JUDGMENT DATE:
16 November 2001PARTIES :
Atorney General
Kaldid Kaddour and Bassam TurkmaniJUDGMENT OF: Spigelman CJ at 1; Sully J at 2; Adams J at 24
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 0011/0634; 0011/0645
0011/0645LOWER COURT JUDICIAL
OFFICER :Woods DCJ
COUNSEL : R. D. Cogswell SC/P.F. Singleton - Attorney General
P.I. Lakatos as amicus curiae - ContradictorSOLICITORS: Crown Solicitor's Office
-LEGISLATION CITED: Criminal Appeal Act 1912 (NSW)
Evidence Act 1995 (NSW)CASES CITED: Arthur Stanley Smith (1996) 86 A Crim R 308 DECISION: Appeal allowed; Interlocutory judgment and orders rejecting claim of public interest immunity vacated
SPIGELMAN CJ60624/01
SULLY J
ADAMS J
Friday 16 November 2001
ATTORNEY GENERAL v Kaldid KADDOUR & Bassam TURKMANI
JUDGMENT
1 SPIGELMAN CJ: I agree with Sully J.
2 SULLY J: This is a Crown appeal brought by the Attorney General as of right pursuant to section 5F of the Criminal Appeal Act 1912 (NSW). The appeal challenges an interlocutory judgment given by his Honour Judge Woods QC on 10 September last. Mr. Kaddour and Mr. Turkmani, the respondents to the appeal, are currently standing trial before his Honour, sitting without a jury, upon a charge of having solicited the murder of one Albert Brikha. The interlocutory judgment against which the appeal has been brought by the Attorney General concerns some questions of public interest immunity privilege.
3 The relevant facts can be extracted, sufficiently for present purposes and as follows, from the written submissions of learned Counsel for the appellant:
- “Both respondents are charged with soliciting the murder of Albert Brikha. The case alleged by the Crown may be summarised as follows.
- On 4 July 1997 Brikha, a tow-truck driver, and John Assadourian, a tow-truck driver from a rival business, attended the scene of a motor vehicle accident . The two men argued and Assadourian invited Brikha to go to nearby bushes to settle their differences; Brikha accepted. Out of sight of witnesses at the scene of the accident, three shots were fired. Assadourian emerged from the bushes and departed from the scene. Brikha was found wounded by three bullets. Soon afterwards, Assadourian was charged with attempting to murder Brikha. Brikha was the key Crown witness. On 20 February 1998, whilst the committal proceedings against Assadourian were pending, Brikha was shot dead outside his house.
- A police investigation ensued and inter alia focussed on people in the tow truck industry. An initial target was, of course, Assadourian. George Agoulian, an associate of Assadourian, was also investigated. One method used during the investigation was to have police informers engage Assadourian and Agoulian in conversation in circumstances where the conversation might be recorded and might disclose relevant evidence. Neither of the two respondents were targeted in this way (nor was anyone else targeted in this way, although others’ conversation was monitored collaterally).
- The Crown case…
Keep reading for free
Create a free CaseChat account to read Attorney General v Kaddour & Turkmani and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2001] NSWCCA 456
- Decision Date
CaseChat Overview and Summary
The Court of Criminal Appeal held that the trial judge did not properly apply the statutory test for public interest immunity as outlined in section 130(1) of the Evidence Act. Instead of balancing the public interest in preserving secrecy or confidentiality against the public interest in admitting the information into evidence, the trial judge focused on whether the respondents had a legitimate forensic purpose for seeking to disclose the information. The Court found this approach to be misconceived and held that the trial judge should have made a precise and careful balancing of the prescribed statutory interests. The Court found that the trial judge's reasoning did not demonstrate such a balance, and thus the appeal was allowed. The interlocutory judgment and orders rejecting the claim of public interest immunity were vacated.
The Court ordered that the three copies of the Confidential Statements referred to in the judgment be placed in a sealed envelope, marked "Confidential: not to be opened without the prior order of a Judge of this Court," and kept with the Court file for any necessary future reference.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.