Police will have to hand back electronic devices taken when a Sydney solicitor was shot outside his home after he successfully fought in court for their return.
Criminal defence lawyer Mahmoud Abbas survived what police described as a “brazen, clearly targeted shooting” outside his Greenacre home in Sydney’s west on July 26.
Following the shooting, police seized several electronic devices from Mr Abbas, including computers and phones.
He challenged the seizures in court and a judge on Monday said the equipment should be returned.
Mr Abbas was prepared to make an undertaking not to delete any material from the devices, which he needed to conduct his legal practice, his barrister Ertunc Ozen SC told the NSW Supreme Court last week.
Lawyers for NSW Police said officers were yet to finish reviewing the devices, but they had found information “highly relevant” to their investigation.
Relevant data from the devices could also be cloned to identical devices if Mr Abbas bought them, police suggested.
Justice Ian Harrison said that could be a solution to the dispute, which boiled down to both parties thinking it was more convenient for them to have custody of the equipment.
But in a judgment published on Monday, Justice Harrison indicated police would have to hand over the devices.
He noted some equipment was yet to be reviewed, while work on other devices had not been completed and further delays were expected.
“Having regard to these estimates, and upon the basis that Mr Abbas will proffer an undertaking in acceptable terms, I consider that the seized devices should be returned to him,” Justice Harrison said.
He asked the parties to agree on the terms of an order for the devices’ return, to be confirmed in court on Wednesday.
