Awad v The Queen; Tambakakis v The Queen

In *Awad v The Queen* and *Tambakakis v The Queen*, the Court of Appeal of the Supreme Court of New South Wales considered appeals against convictions for drug trafficking offences. The appellants, Awad and Tambakakis, were convicted in the District Court of New South Wales on charges relating to the importation and possession of a commercial quantity of cocaine. The appeals raised questions concerning the admissibility of certain evidence and the fairness of the trial proceedings.

The central legal issues before the Court of Appeal were whether the trial judge erred in admitting evidence obtained through covert surveillance and whether the prosecution had failed to disclose material that was potentially favourable to the defence. Specifically, the appellants argued that the surveillance evidence was obtained in contravention of statutory provisions and that its admission prejudiced their right to a fair trial. They also contended that the non-disclosure of certain documents by the prosecution amounted to a miscarriage of justice.

Gleeson J, delivering the judgment of the Court, analysed the relevant provisions of the *Listening Devices Act 1984* (NSW) and the principles governing the admissibility of evidence obtained in breach of statutory requirements. The Court held that while the surveillance evidence had been obtained in circumstances that arguably fell outside the strict letter of the Act, the trial judge had correctly exercised their discretion to admit the evidence, having regard to the probative value of the material and the absence of any significant prejudice to the appellants. Furthermore, the Court found that the prosecution's disclosure obligations had been met and that no material had been withheld that would have likely altered the outcome of the trial.

The appeals were accordingly dismissed.