Mr Zemarai Khatiz represented a client in a significant pre-trial Hearing resulting in the exclusion of the prosecution’s fundamental piece of evidence. The District Court ruled that video recording relied upon by the prosecution was inadmissible and could not be used at trial.

The application involved complex issues concerning the admissibility of evidence. The Defence had argued that this conversation was recorded without the knowledge or consent of our client and had breached NSW laws protecting private conversations.

After hearing detailed submissions, the Court ruled that the recording should be excluded from the trial.