Back in the glare

It's a pity the denizens of Sydney were deprived of reading many of the details of criminal proceedings involving the Ibrahim family ... Heavy-handed court suppression orders effectively shut-off news reporting of a conspiracy to murder case against Michael Ibrahim ... John Ibrahim's name also ordered to be unmentionable 

THAT was a touching snap of Kings Cross identity John Ibrahim outside St Mary's Cathedral. 

The nightclub czar was attending the funeral of his friend James Miller, another bar owner, who had died accidentally as a result of an unfortunate intake of drugs and alcohol.  

The public appearance of Ibrahim was a telling contrast to the secrecy surrounding recent criminal proceedings involving members of his clan. 

It was reassuring to see him emerge, in the flesh, from a spate of court imposed suppression orders. 

In December a jury acquitted John Ibrahim's youngest brother Michael of a charge of conspiracy to murder. 

His co-accused Rodney (Goldie) Atkinson was also acquitted - after two days of jury deliberation. 

The prosecution alleged that Michael Ibrahim and Goldie Atkinson conspired to murder John Macris, who they believed was behind the near-fatal shooting of Fadi Ibrahim. 

At the time of the alleged offence Michael Ibrahim was in custody at the Broken Hill Correctional Centre and allegedly had used a phone smuggled into prison to plan a "retaliation" against Macris. 

Fadi Ibrahim was shot five time in his Lamborghini outside his Castle Cove home. He was also a co-accused in the alleged conspiracy. 

The prosecution claimed Atkinson was to be the hitman in the plan to shoot Macris. "Goldie" was found guilty of possessing an unauthorised pistol and his sentencing hearing listed for March 21. 

According to tapped conversations played to the jury, Michael Ibrahim said he needed Atkinson's help because his brothers were not up to it. 

Eldest brother Sam was "on drugs and played the pokies", John "loved the eastern suburbs lifestyle, the money and the power" and Fadi "only cares about himself". 

Fadi Ibrahim is to be tried separately and his case is next listed on February 15. 

As part of the crown case a number of people were referred to and their tapped conversations relied on. 

This included John and Sam Ibrahim, although they had not been charged with anything in connection with this case. 

That was then. 

There had been a previous trial of Michael and Fadi Ibrahim and Rodney Atkinson in April last year, which ran for nearly three weeks, and was aborted after the trial judge James Bennett discharged the jury because of alleged prejudicial media coverage. 

Fadi Ibrahim: wounded in his LamborghiniA TV broadcast on April 17 reported on a spate of shootings in Sydney overnight. Some of those shootings were said to be due to a dispute between the Hells Angels and Nomads motorcycle clubs. 

Sam Ibrahim was named in that broadcast as a member of the Nomads. 

Judge Bennett said it was not necessary to name Sam (Hassan) Ibrahim in the news report and so he closed down the conspiracy to murder trial, even though Sam was not one of the conspiracy accused. 

Just before the second trial got underway in November there was another missive from the office of the DPP reminding the media not to mention the name of John and Sam Ibrahim. 

There was no explanation of the context in which mentioning those non-accused could be prejudicial. 

The Director of Public Prosecutions said:

"Media reports during the time of the [April] trial … included references to both John Ibrahim and Sam Ibrahim that were held to be so prejudicial by the trial judge that he discharged the jury and adjourned the trial." 

Further: 

"Publication of material concerning the accused or the members of the Ibrahim family from now until the completion of the trial to commence on November 12, 2012 may therefore result in the trial once again being adjourned and may also be a contempt of court." 

See DPP statement 

The DPP also suggested that having John Ibrahim's name on web news-sites would be prejudicial and should be removed from online archives. 

After the first trial was aborted the NSW Court of Criminal Appeal revoked Judge Bennett's non-publication order and in the process slightly scaled back the manner in which trial judges could litter the landscape with suppression orders. 

See Court Suppression and Non-Publication Orders Act. 

The CCA found that suppression orders "may well be considered necessary" as long as they are reasonably appropriate. 

The word "necessary" was to be given a broad construction. An order will fail the "necessity test" if it is futile, i.e. if the web host doesn't have notice or is out of reach. 

Judge Bennett's orders were too wide and, so, invalid. 

The prosecution case in the second conspiracy to murder trial suffered a blow because a "roll-over" witness left the country last year. 

If James Miller's funeral had been held while the second trial was underway, then we might never have seen the picture of John Ibrahim outside St Mary's Cathedral or read his name in connection with the news reports about Miller's untimely death. 

Welcome to Suppression City. 

As a result of the liberal application of suppression orders and threats of contempt, both trials were under-reported and John Ibrahim's name was temporarily out of the glare - which is a shame for those who might like to follow the exploits of the notorious family that has stamped its name on Kings Cross. 

As far as we know the Ibrahims of Sydney are not immediately related to Anwar Ibrahim, the former deputy Prime Minister of Malaysia, who successful appealed against convictions for corruption and sodomy. 

For good measure see the entry in Wikipedia about John Ibrahim 

Update on Friday, February 15, 2013 by Justinian

The crown today dropped conspiracy to murder charges against Fadi Ibrahim. One crucial witness is overseas and "unavailable to give evidence". 

THAT was a touching snap of Kings Cross identity John Ibrahim outside St Mary's Cathedral. 

The nightclub czar was attending the funeral of his friend James Miller, another bar owner, who had died accidentally as a result of an unfortunate intake of drugs and alcohol.  

The public appearance of Ibrahim was a telling contrast to the secrecy surrounding recent criminal proceedings involving members of his clan. 

It was reassuring to see him emerge, in the flesh, from a spate of court imposed suppression orders. 

In December a jury acquitted John Ibrahim's youngest brother Michael of a charge of conspiracy to murder. 

His co-accused Rodney (Goldie) Atkinson was also acquitted - after two days of jury deliberation. 

The prosecution alleged that Michael Ibrahim and Goldie Atkinson conspired to murder John Macris, who they believed was behind the near-fatal shooting of Fadi Ibrahim. 

At the time of the alleged offence Michael Ibrahim was in custody at the Broken Hill Correctional Centre and allegedly had used a phone smuggled into prison to plan a "retaliation" against Macris. 

Fadi Ibrahim was shot five time in his Lamborghini outside his Castle Cove home. He was also a co-accused in the alleged conspiracy. 

The prosecution claimed Atkinson was to be the hitman in the plan to shoot Macris. "Goldie" was found guilty of possessing an unauthorised pistol and his sentencing hearing listed for March 21. 

According to tapped conversations played to the jury, Michael Ibrahim said he needed Atkinson's help because his brothers were not up to it. 

Eldest brother Sam was "on drugs and played the pokies", John "loved the eastern suburbs lifestyle, the money and the power" and Fadi "only cares about himself". 

Fadi Ibrahim is to be tried separately and his case is next listed on February 15. 

As part of the crown case a number of people were referred to and their tapped conversations relied on. 

This included John and Sam Ibrahim, although they had not been charged with anything in connection with this case. 

That was then. 

There had been a previous trial of Michael and Fadi Ibrahim and Rodney Atkinson in April last year, which ran for nearly three weeks, and was aborted after the trial judge James Bennett discharged the jury because of alleged prejudicial media coverage. 

Fadi Ibrahim: wounded in his LamborghiniA TV broadcast on April 17 reported on a spate of shootings in Sydney overnight. Some of those shootings were said to be due to a dispute between the Hells Angels and Nomads motorcycle clubs. 

Sam Ibrahim was named in that broadcast as a member of the Nomads. 

Judge Bennett said it was not necessary to name Sam (Hassan) Ibrahim in the news report and so he closed down the conspiracy to murder trial, even though Sam was not one of the conspiracy accused. 

Just before the second trial got underway in November there was another missive from the office of the DPP reminding the media not to mention the name of John and Sam Ibrahim. 

There was no explanation of the context in which mentioning those non-accused could be prejudicial. 

The Director of Public Prosecutions said:

"Media reports during the time of the [April] trial … included references to both John Ibrahim and Sam Ibrahim that were held to be so prejudicial by the trial judge that he discharged the jury and adjourned the trial." 

Further: 

"Publication of material concerning the accused or the members of the Ibrahim family from now until the completion of the trial to commence on November 12, 2012 may therefore result in the trial once again being adjourned and may also be a contempt of court." 

See DPP statement 

The DPP also suggested that having John Ibrahim's name on web news-sites would be prejudicial and should be removed from online archives. 

After the first trial was aborted the NSW Court of Criminal Appeal revoked Judge Bennett's non-publication order and in the process slightly scaled back the manner in which trial judges could litter the landscape with suppression orders. 

See Court Suppression and Non-Publication Orders Act. 

The CCA found that suppression orders "may well be considered necessary" as long as they are reasonably appropriate. 

The word "necessary" was to be given a broad construction. An order will fail the "necessity test" if it is futile, i.e. if the web host doesn't have notice or is out of reach. 

Judge Bennett's orders were too wide and, so, invalid. 

The prosecution case in the second conspiracy to murder trial suffered a blow because a "roll-over" witness left the country last year. 

If James Miller's funeral had been held while the second trial was underway, then we might never have seen the picture of John Ibrahim outside St Mary's Cathedral or read his name in connection with the news reports about Miller's untimely death. 

Welcome to Suppression City. 

As a result of the liberal application of suppression orders and threats of contempt, both trials were under-reported and John Ibrahim's name was temporarily out of the glare - which is a shame for those who might like to follow the exploits of the notorious family that has stamped its name on Kings Cross. 

As far as we know the Ibrahims of Sydney are not immediately related to Anwar Ibrahim, the former deputy Prime Minister of Malaysia, who successful appealed against convictions for corruption and sodomy. 

For good measure see the entry in Wikipedia about John Ibrahim