Commissioner of Police NSWPF v Amoun (No 3)

[2021] NSWSC 737

Supreme Court

New South Wales

Medium Neutral Citation:

Commissioner of Police NSWPF v Amoun (No 3) [2021] NSWSC 737

Hearing dates:

23 June 2021

Date of orders:

23 June 2021

Decision date:

23 June 2021

Jurisdiction:

Common Law

Before:

Davies J

Decision:

1. Paragraph 8.1 of annexure A to Garling J's judgment be varied by suspending the prohibition on the second defendant approaching, contacting, speaking to, or associating directly with Haissam Hamzy, Tareek Hamzy, and Ghassan Amoun. Such suspension is limited to the hours of 9am to 3pm on 23 June 2021 and only whilst the second defendant is present at the funeral of Bilal Hamzy at the Lakemba Mosque and at Rookwood Cemetery.

2. Suppression order made with respect to the hearing of the Second Defendant’s Notice of Motion dated 22 June 2021 and Davies J’s reasons for judgment of 23 June 2021 pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) on the ground contained in s 8(1)(c) such suppression to be in place until 4:00pm on 23 June 2021.

Catchwords:

CRIME – serious crime prevention orders – application to vary – where orders made preventing contact between two crime families and amongst members of the Hamze families – where a member of the Hamze family recently killed – application by one member of the Hamze family subject to the orders to attend the funeral – opposed by police – non-association order varied for limited time – suppression order until the conclusion of the funeral

Legislation Cited:

Court Suppression and Non-publication Orders Act 2010 (NSW) ss 7, 8

Cases Cited:

Commissioner of Police NSWPF v Amoun & Anor [2020] NSWSC 1810

Commissioner of Police NSWPF v Amoun (No 2) [2021] NSWSC 734

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

Commissioner of Police, New South Wales Police Force (Plaintiff)
Ibrahem Hamze (Second Defendant)

Representation:

Counsel:
C Melis (Plaintiff)
G James QC and E James (Second Defendant)

Solicitors:
Office of the General Counsel, NSW Police Force (Plaintiff)
Abbas & Co Lawyers (Second Defendant)

File Number(s):

2020/322280

Publication restriction:

Nil

Judgment

1. Application was made to me yesterday by the first defendant in these proceedings for a suspension of the non-association aspect of the orders made by Garling J in Commissioner of Police NSWPF v Amoun [2020] NSWSC 1810. I acceded to the application made by the first defendant and my reasons for that decision will be published shortly, Commissioner of Police NSWPF v Amoun [2021] NSWSC 734.

2. The second defendant now makes a similar application to attend the funeral of Mr Bilal Hamze. Having reconsidered the reasons of Garling J, I do not consider that there is anything which distinguishes between the first defendant and the second defendant in terms of the application that is now made.

3. Ms Melis of counsel for the Police Commissioner has appeared again this morning to say that the Police Commissioner opposes the present application for the same reasons that were put to me yesterday and in respect of which I have provided my reasons in the judgment delivered yesterday. There was no further intelligence in relation to the second defendant.

4. For the reasons that I gave in relation to the first defendant, I will make the orders sought in the second defendant's notice of motion. As with the first defendant there will be a suppression order under s 7 of the Court Suppression and Non Publication Orders Act 2010 (NSW) on the ground in s 8(1)(c) of the Act in respect of this application and my reasons for judgment until 4pm today.

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Decision last updated: 24 June 2021