NSW Crime Commission v Sean Anthony Smith

HIS HONOUR: The plaintiff, the New South Wales Crime Commission seeks restraining orders under s 10A of the Criminal Assets Recovery Act 1990 (“CARA”). It brings its application by summons filed in court this morning supported by a statement of facts and circumstances signed by the solicitor Mr Goh and an affidavit of Jonathan Lee Spark with a number of associated annexures.

The affidavit of Mr Spark sets out his belief that the defendant engaged in serious crime related activity and sets out the grounds for that belief. In particular Mr Spark relies upon a statement of facts prepared by the New South Wales Police Force. That statement of facts sets out the details of this investigation into a drug manufacturing operation and indicates that the defendant was heard on a listening device to be present in, and discussing the processes of, what might be called, a meth lab on a rural property.

Based on the material in the facts sheet I am satisfied that there are reasonable grounds for the suspicion attested to by Mr Spark and in those circumstances s 10A(5) is in mandatory terms and I must make the restraining order.

Accordingly I make the orders which are contained in the short minutes of order. I will date and sign those and have them sealed and order that those orders should take effect forthwith.