A Sydney solicitor shot outside his home wants electronic devices seized by police returned.
Police are not satisfied all the data on the devices has been retrieved or reviewed and want to hold on to them.
Criminal defence lawyer Mahmoud Abbas needs his laptop and phone so he can continue running his legal practice, his barrister Ertunc Ozen SC told the NSW Supreme Court on Tuesday.
“It’s also his property, one shouldn’t lose sight of that fact,” Mr Ozen said.
Justice Ian Harrison said the dispute boiled down to both parties thinking it more convenient for them to have the devices, while the others have the data downloaded from them, and could potentially be solved by purchasing new devices.
Mr Abbas survived the shooting outside his Narelle Crescent home at Greenacre in Sydney’s west on July 26, described by police as a “brazen, clearly targeted shooting”.
A mobile phone and a laptop were among items seized in the police investigation.
“The material which is being found on those devices is highly relevant to that ongoing investigation,” lawyer Nicholas Regener said, representing NSW Police Commissioner Karen Webb.
The devices are also needed to efficiently run Mr Abbas’ business and contain the electronic file notes and other documents needed to defend his clients, Mr Ozen said.
There is a large amount of data recovered and still more to find, Mr Regener said.
“Police are not satisfied they have been able to download all of the data and until the review is completed, they can’t be certain there won’t be other pieces of data on the phone," he said.
Mr Abbas was prepared to make an undertaking not to delete any material on the devices, and could be held in contempt of court if he did.
The undertaking would not prevent him taking devices out of the jurisdiction or them being stolen, destroyed or otherwise damaged through no fault of Mr Abbas, so was insufficient, Mr Regener said.
"However, telephones can be bought," he said.
"If Mr Abbas goes and buys himself a new telephone police can assist him to move the data."
Justice Harrison asked for further information on whether copying data from Mr Abbas' devices held by police to new devices was practical, despite Mr Ozen questioning why Mr Abbas should have to spend thousands of dollars on new devices.
"The potential for it to be a significant answer to the dispute in this case seems patent," Justice Harrison said.
The judge has reserved his decision.
