DPP v Attallah

The Director of Public Prosecutions appealed to the Court of Appeal of New South Wales against a decision of a judge of the Supreme Court of New South Wales. The appeal concerned the admissibility of certain admissions made by the respondent, Mr Attallah, during an investigation by the Independent Commission Against Corruption (ICAC). The primary dispute revolved around whether these admissions, obtained under compulsion of law, could be used in subsequent criminal proceedings against Mr Attallah.

The central legal issue before the Court of Appeal was the proper construction and application of section 87 of the *Independent Commission Against Corruption Act 1988* (NSW) and section 90 of the *Evidence Act 1995* (NSW). Specifically, the court had to determine whether the admissions made by Mr Attallah to the ICAC, which were compelled under statutory obligation, were unfairly obtained or otherwise inadmissible in the criminal proceedings, notwithstanding the protections afforded by these legislative provisions.

The Court of Appeal, in allowing the appeal, reasoned that section 87 of the *ICAC Act* provided a specific statutory immunity from the use of compelled evidence in subsequent proceedings, but this immunity was qualified. The court held that the admissions made by Mr Attallah were not unfairly obtained, and therefore, the protections under section 90 of the *Evidence Act* did not operate to exclude them. The court applied the principles that statutory compulsion does not automatically render evidence unfair, and that the onus was on the respondent to demonstrate unfairness. The court concluded that the judge below had erred in excluding the admissions. The appeal was upheld, and the orders of the Supreme Court were set aside.