New South Wales Crime Commission v El-Masri

[2022] NSWSC 218

Supreme Court

New South Wales

Medium Neutral Citation:	New South Wales Crime Commission v El-Masri [2022] NSWSC 218
Hearing dates:	24 February 2022
Date of orders:	24 February 2022
Decision date:	24 February 2022
Jurisdiction:	Common Law
Before:	Dhanji J
Decision:	Orders made.
Catchwords:	CRIMINAL LAW – proceeds of crime – restraining orders – ex parte – orders made
Legislation Cited:	Criminal Assets Recovery Act 1990
Category:	Procedural rulings
Parties:	New South Wales Crime Commission (Plaintiff) Jaafar El-Masri (Defendant)
Representation:	Solicitors: New South Wales Crime Commission (Plaintiff)
File Number(s):	2022/55508
Publication restriction:	Nil

EXTEMPORE Judgment

1. HIS HONOUR: The plaintiff has been granted leave to file in court a summons commencing proceedings against Jaafar El-Masri ("the defendant"). Filed with that summons are various supporting documents, including an affidavit of Katie Elaine Bourne dated 21 February 2022.

2. Certain orders are sought to be made ex parte today. They include a restraining order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) ("the Act").

3. The summons also sought orders in relation to the examination of the defendant on oath. I note that those orders were not pressed on the basis of a view expressed by me questioning the need for such orders to be made on an ex parte basis. In relation to the application for the restraining order, I am satisfied that there is a proper basis for those orders being made on an ex parte basis.

4. The application is supported by the affidavit of Ms Bourne to which I have already referred. That affidavit establishes that Ms Bourne is authorised for the purposes of the Act, and that she suspects the defendant of having engaged in serious crime-related activities. The serious crime-related activities which are suspected are the supply of an indictable quantity of a prohibited drug, the supply of a commercial quantity of a prohibited drug, dealing with property suspected of being proceeds of crime, and knowingly directing a criminal group ("the offences").

5. Ms Bourne has also provided the basis on which she holds her suspicion. In particular, she has been provided with and has indicated that she accepts the contents of a police Facts Sheet that describes the various activities which it is suspected the defendant has engaged in. Ms Bourne has also established that the defendant has been charged with those offences as described in the Facts Sheet.

6. I am satisfied that there are reasonable grounds for Ms Bourne's suspicion that the defendant has engaged in serious crime-related activity. On that basis, I am of the view that the restraining order sought should be made.

7. Accordingly, I make orders in terms of orders 1, 4, 6, 7, 8 and 9 of the draft orders filed with the Court. I make those orders having noted that the plaintiff has given the usual undertaking as to damages.

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Decision last updated: 13 April 2022