Commissioner of Police NSWPF v Amoun (No 3)

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

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.
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.
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.
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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CaseChat Overview and Summary

The Commissioner of Police for New South Wales Police Force filed an application seeking to vary two serious crime prevention orders that were in place against members of the Hamze family. These orders prohibited contact between two crime families and among members of the Hamze family. A member of the Hamze family sought to attend the funeral of another member who had been recently killed. The police opposed this application. The court considered the circumstances and the specific request to allow the attendance of the funeral, balancing the public interest in preventing serious crime with the individual's rights.

The legal issues before the court included whether the non-association order should be varied to allow the applicant to attend the funeral, and whether the suppression order should be lifted to permit communication regarding the funeral arrangements. The court had to assess the risks of allowing the applicant to attend the funeral against the potential harm of denying them this opportunity, considering the nature of the orders and the specific request made. The court also needed to consider the impact of the suppression order on the applicant's ability to make necessary funeral arrangements.

In determining the application, the court recognised the importance of the funeral as a significant cultural and personal event. The court found that the risk of serious crime arising from the applicant's attendance at the funeral was minimal and that the suppression order could be varied to allow communication for the purpose of attending the funeral. The non-association order was varied to permit the applicant to attend the funeral, and the suppression order was lifted to enable the necessary communications regarding the funeral. The court emphasised the need for strict adherence to the time limits imposed on these variations to mitigate any potential risks.

The final orders of the court were that the non-association order would be varied to allow the applicant to attend the funeral of the deceased Hamze family member, and the suppression order would be lifted to permit communication for the purpose of attending the funeral, both of which were to be strictly time-limited. These variations were to end once the funeral concluded, ensuring that the potential for serious crime was kept to a minimum.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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