SKAF, Mohammed - Application under Part 7 Crimes (Appeal and Review) Act 2001

Mohammed Skaf applied for an inquiry subsequent to conviction under section 78 of the Crimes (Appeal and Review) Act 2001. The applicant was convicted of sexual assault offences and sought to challenge the reliability of the evidence against him, which was based on dreams and flashbacks. The court was required to determine whether there was a doubt or question as to the applicant's guilt and whether there was a breach of the Prosecution's duty of disclosure.

The court considered the nature of the evidence against the applicant, which was based on dreams and flashbacks, and found that it was unreliable. The court held that the Prosecution had a duty to disclose all relevant evidence, including evidence that could undermine the reliability of the evidence against the applicant. The court found that there was a breach of the Prosecution's duty of disclosure, as the Prosecution had not disclosed certain evidence that could have undermined the reliability of the evidence against the applicant. The court also held that the applicant had established a doubt or question as to his guilt.

The court ordered an inquiry subsequent to conviction and made several orders to ensure a fair hearing. The court appointed a legal representative to assist the applicant and ordered that the inquiry be held in camera. The court also ordered that the Prosecution disclose all relevant evidence, including evidence that could undermine the reliability of the evidence against the applicant. The court further ordered that the inquiry be conducted in a manner that protected the privacy and dignity of the applicant and any other relevant parties.