Court told police found new information on Sydney solicitor’s phone after he was shot

Police have found “new information” on a lawyer’s seized laptop and phone after he was brazenly shot outside his home, a court heard.

New information has “come to light” after a prominent Sydney lawyer, who was shot in a brazen attack outside his home, fought to have his phone and laptop given back to him, a court has been told.

Criminal lawyer Mahmoud Abbas was shot on July 26 in what police believe was a targeted attack outside his Greenacre home.

Mr Abbas, who isn’t accused of any wrongdoing, was about to get into his car when he was shot, suffering injuries to his torso and right leg, with witnesses reporting hearing three shots.

The lawyer’s work laptop and electronic devices were seized by police during the investigation, prompting him to apply to the NSW Supreme Court to have them returned to him.

Justice Ian Harrison on Monday ordered for the seized devices to be returned to Mr Abbas by 4pm Wednesday.

The matter briefly returned to court on Wednesday where Nicholas Regener, representing the police commissioner, said the new line of inquiry will “advance the investigation” into the shooting.

Sydney lawyer Mahmoud Abbas was shot outside his Greenacre home. Picture: NCA NewsWire / Christian Gilles

“Since your honour’s judgment, more information has come to light which has allowed police to hone in on a line of inquiry,” Mr Regener told the court.

Mr Regener said it is necessary for police to “re-examine” the cellebrite record from Mr Abbas’ phone, which will be done either today or tomorrow, he told the court.

He said the point of contention between the parties is that police would like to “be able to use that narrow data set as expeditiously as possible”.

Mr Regener suggested Mr Abbas should review the data set and decide whether there is any privileged information by 10am Monday.

But Taylor Rundell, representing the lawyer, argued it would not be enough time to contact anyone involved in the data and get them to court to argue for privilege.

On Monday, Justice Harrison in his judgment noted Mr Abbas “is not under investigation with respect to the shooting or at all”.

“He is not charged with, nor is he suspected of having been involved in, the commission of any offence. However, the police maintain that it is possible that the electronic devices that they have seized will contain information that could be relevant to their investigation of the crime committed against Mr Abbas.”

Mr Abbas’s car covered in fingerprint dust and a bullet hole above his front door in Greenacre. Picture: Supplied

He accepted the “seized data” would potentially be required as evidence at a future trial, but did not accept the devices themselves were required.

The judge ordered for police to give them back to Mr Abbas.

“Without limiting the generality of the police concerns, they contend that as Mr Abbas is a solicitor with a significant practice in criminal law, material relating to his clients may yield information of assistance to them in their investigation,” he said.

The court previously was told Mr Abbas needed his phone and laptop back to run his law firm.

Mr Abbas kept “electronic records and file notes” from his work with clients on his laptop and couldn’t run his practice without it, the court was told.

“The information relevant to the efficient conduct of those defences and in procedural matters is contained on a laptop, the contacts are contained on Mr Abbas’ phone and the communications with clients are contained on both,” Ertunc Ozen SC, representing Mr Abbas, said.

But police said they needed to keep the physical devices and argued Mr Abbas could have run his business with the benefit of a download off the phone and laptop.

Mr Ozen said it took more than an hour to open a file each time, which was an “impossible proposition”.

“This is a solicitor who has been shot out the front of his home … what do police think is being hidden here?” he said.

Mr Regener suggested Mr Abbas buy a new phone and laptop and transfer all the data onto the new devices.

Mr Abbas is well known in the legal community, having represented a number of prominent people, including former Auburn deputy mayor Salim Mehajer and ex-NRL player Jamil Hopoate.

Originally published as Court told police found new information on Sydney solicitor’s phone after he was shot