A distinguished Sydney lawyer who was shot in a brutal assault exterior his house is getting his cellphone and laptop computer again so he can run his enterprise, a Supreme Court choose has ordered.
Criminal lawyer Mahmoud Abbas was shot on July 26 in what police say was a focused assault exterior his house in Greenacre.
Mr Abbas, who has not been charged with any wrongdoing, was about to get into his automobile when he was shot, sustaining accidents to his torso and proper leg. Witnesses reported listening to three photographs.
The lawyer’s work laptop computer and digital units had been confiscated by police through the investigation, prompting him to use to the NSW High Court to get them again.
Justice Ian Harrison on Monday ordered the seized units to be returned to Mr Abbas by 4pm on Wednesday.
Criminal lawyer Mahmoud Abbas was shot on July 26 in what police say was a focused assault exterior his house in Greenacre
“The issue of costs, if no agreement is reached, could be argued on Wednesday at 10am,” he advised the courtroom.
It comes after a listening to final week earlier than Judge Harrison when Mr Abbas’ lawyer Ertunc Ozen SC argued that his consumer wanted his cellphone and laptop computer again to run his regulation agency.
The courtroom was advised that Mr Abbas stored ‘electronic records and case notes’ of his work with shoppers on his laptop computer and couldn’t run his observe with out it.
“The information relevant to the efficient conduct of that defense and in procedural matters is on a laptop, the contacts are on Mr Abbas’s phone and the communication with clients is on both,” Ozen advised the courtroom.
But police stated they need to hold the bodily units and argued that Mr Abbas may have run his enterprise with the advantage of a obtain from the cellphone and laptop computer.
Ozen stated it took greater than an hour every time to open a file, which was an “impossible proposition.”
He argued that the police had “specialized teams”, assets and brokers who may take care of the sluggish recordsdata way more simply than Abbas.
Mr Ozen stated police appeared to have already discovered ‘relevant information’ from the units and reminded the courtroom that his consumer wouldn’t be concerned in any wrongdoing.
“This is a lawyer who was shot in front of his house … what do the police think is being hidden here?” he stated.
Mr. Abbas’s automobile coated in fingerprint mud and a bullet gap above his entrance door in Greenacre
Nicholas Regener, the police commissioner’s consultant, advised the courtroom that the evaluation of the units had not but been accomplished and that the fabric on them was “highly relevant to an ongoing investigation.”
Mr. Regener urged that Mr. Abbas purchase a brand new cellphone and laptop computer and switch all knowledge to the brand new units.
At the listening to, Judge Ian Harrison requested ‘what the problem’ could be if the fabric had been merely transferred to new units.
“If you had to die in a ditch because you can’t get the phone back, what’s the point?” requested the choose.
Mr Ozen stated his consumer was entitled to his personal property.
Abbas is predicted to make a full restoration from surgical procedure after being rushed to hospital by paramedics final Wednesday.
After being shot, Mr Abbas was in a position to run again into his house and name emergency companies.
He was handled on the scene by NSW Ambulance paramedics earlier than being taken to hospital in a severe however secure situation.
He is well-known within the authorized group and has represented numerous excessive profile individuals together with former deputy mayor of Auburn Salim Mehajer and ex-NRL participant Jamil Hopoate.