Qld Health seeks urgent interim injunction against Mohammed Alfalahi and tobacco stores

Queensland Health has sought an urgent injunction against the Dubai-based owner of five stores allegedly selling illicit tobacco north of Brisbane after seeking an urgent interim injunction.

The department claims his five shops were allegedly selling illicit tobacco in the form of cigarettes.

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Five stores allegedly selling illicit tobacco north of Brisbane have been shuttered by the District Court and the shops’ Dubai-based owner restrained from taking part in the industry in Queensland.

Queensland Health on Tuesday sought an urgent interim injunction against Mohammed Alfalahi and his businesses in Hervey Bay.

The Department claims his five shops allegedly sell illicit tobacco in the form of cigarettes and loose leaf tobacco and in non-compliant packaging.

A number of affidavits from Queensland Health staff claimed to have witnessed the sale of non-compliant tobacco products as well as seizing substantial numbers of illicit cigarettes and tobacco.

“He personally is perceived as a broad risk to community health,” barrister Peter O’Connor for Queensland Health said.

Mr O’Connor said the legislation he was relying on for the injunction was recently brought in to target organised crime in this space.

“It is a matter of some notoriety that these nefarious operators in this space do need to understand they can’t continue profiteering from this unregulated activity,” he said.

The interim injunction being sought is part of an application that will be argued in September for a permanent injunction.

Queensland Health has also launched action in the Hervey Bay Magistrates Court seeking enforceable undertakings, of up to six months, in relation to Mr Alfalahi’s stores as well as the landlords, who don’t oppose the action.

Barrister James Wallace acting for Mr Alfalahi opposed the interim injunction arguing it would see the loss of jobs and there had been inadequate time to respond.

He argues the court should allow the status quo until the magistrates court matter was heard in 10 days.

Judge Ken Barlow said there was “a very strong prima facie case” against Mr Alfalahi.

The court heard he had unsuccessfully applied several times for a licence to sell smoking products but had been refused because he has been involved in the sale of illicit nicotine products.

“If the employees are involved in the supply, the illegal supply of smoking products, then the employees are taking the risk of being involved in illegal activities and will have to take the brunt of the effect of such an injunction,” Judge Barlow added.

He granted the interim injunction which takes effect Friday and bars Mr Alfalahi and his agents from involvement in businesses supplying smoking products or illicit nicotine products in Queensland until the final determination of the proceeding or further court order.

Originally published as Qld Health seeks urgent interim injunction against Mohammed Alfalahi and tobacco stores