Recordings of phone conversations between a daughter and her fugitive father, a real estate developer, may not be allowed in a fraud case against her, despite forming a major part of the prosecution’s case.
Ashlyn Nassif, a trained lawyer, claims the phone calls made during an investigation into her father Jean Nassif should fall under the category of legal professional secrecy.
Hundreds of calls from Mr Nassif were intercepted by NSW Police during a 2021 investigation into suspected money laundering at Sydney’s The Star casino, a court was told on Wednesday.
Ms Nassif was an executive at her father’s development company Toplace, which has been banned from carrying out construction work by NSW Fair Trading after a series of defects in major apartment projects.
She is facing allegations that she submitted forged documents to secure a $150 million loan from Westpac to build three residential towers in the north-west Sydney suburb of Castle Hill.
Magistrate Christopher Halburd said he would allow a NSW Police detective to be questioned about the calls before Ms Nassif’s case proceeded.
He told a hearing at Burwood Local Court that prosecutors would have a “very strong case” if the contents of the appeals were brought forward, but without them they would be significantly weaker.
Prosecutors have argued that all calls fell into the category of legal professional secrecy, for example during discussions between father and daughter about family matters.
Ashlyn Nassif is facing allegations that she submitted forged documents to obtain a $150 million loan from Westpac to build three residential towers in the northwest Sydney suburb of Castle Hill.
Property developer Jean Nassif (pictured with ex-wife Nisserine Nassif) left Australia for Lebanon in 2022 and is being pursued by NSW police following a two-year fraud investigation
The conversations could also be classified as business matters between Toplace executives or between an attorney and a client, Halburd said.
“I intend to grant cross-examination on a much narrower scope than what the applicant requested,” he said.
A hearing is scheduled for Nov. 29 to hear from the detective about the calls.
Mr Nassif left Australia for Lebanon in 2022 and is being pursued by NSW Police following a two-year fraud investigation.