Shot Sydney defence lawyer Mahmoud Abbas to fight police on laptop access
The court heard police want more time to examine a work laptop seized as an exhibit at the scene of the shooting of a Sydney criminal lawyer. But his legal team are fighting against the move.
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A prominent lawyer gunned down in broad daylight outside his western Sydney home will forge ahead with a legal challenge seeking to deny investigators free-range access to his work laptop.
Mahmoud Abbas was in the driveway of his Greenacre home about to get into his car and head for work on the morning of July 26 when he was shot in the torso and leg in what police believe was a targeted attack.
He was rushed to hospital and underwent emergency surgery to have his kidney removed.
The Daily Telegraph understands Mr Abbas has since been discharged from the hospital and is now recovering at home.
Officers seized Mr Abbas’ work laptop and hard drive devices as part of their investigation, which is looking at whether the shooting is linked to his underworld clients or a completely unrelated matter.
There’s no suggestion Mr Abbas is himself involved in any underworld activities or wrongdoing.
Mr Abbas on Monday lodged an urgent application with the NSW Supreme Court to stop police having unfettered access to the devices, claiming it contained sensitive information about ongoing court cases and communication between Mr Abbas and his clients that is the subject of legal professional privilege.
Justice Ian Harrison made restrictive orders on Monday and adjourned the matter to Friday for hearing.
Mr Abbas did not appear in court in person on Friday, but was represented by high-profile barrister Ertunc Ozen SC.
A lawyer representing the Commissioner of NSW Police tendered two affidavits from detectives involved in the case, which Justice Harrison said indicated that investigators were seeking to retain the devices for further examination and analysis.
It is understood Mr Abbas opposes such a course but needs time to consider information raised in the two police affidavits.
Justice Harrison agreed to adjourn the matter to Tuesday for further hearing.
It is not known whether Mr Abbas will appear in court in person on Tuesday, however he is not required to do so.
Mr Ozun declined to comment to the media as he left court.