Recordings of phone calls between a daughter and her fugitive property developer father may not be allowed in a fraud case against her, even though they form an important part of the prosecution’s case.
Ashlyn Nassif, a lawyer by training, says calls made during an investigation into her father, Jean Nassif, should fall under the category of legal professional privilege.
Hundreds of calls from Nassif were intercepted by New South Wales police during a 2021 investigation into alleged money laundering at Sydney’s The Star casino, a court was told on Wednesday.
Ms Nassif was an executive at her father’s Toplace development company, which was banned from construction work by NSW Fair Trading after a series of defects in major apartment projects.
He faces allegations that he submitted falsified documents to obtain a $150 million loan from Westpac for the construction of three apartment towers in the north-west Sydney suburb of Castle Hill.
Magistrate Christopher Halburd said he would allow a New South Wales Police detective to be questioned about the phone calls before Ms Nassif’s case continued.
He told a hearing at Burwood Local Court that prosecutors would have “a very strong case” if the content of the calls were allowed to be introduced, but it would be significantly weaker without them.
Prosecutors have argued that all the calls fell under the category of legal professional privilege, for example, conversations between father and daughter about family matters.
Ashlyn Nassif faces allegations she submitted falsified documents to trigger a $150 million loan from Westpac for the construction of three apartment towers in the north-west Sydney suburb of Castle Hill.
Property developer Jean Nassif (pictured with his ex-wife Nisserine Nassif) left Australia for Lebanon in 2022 and is being pursued by New South Wales police following a two-year fraud investigation.
The calls could also be classified as about business matters between Toplace executives or between an attorney and a client, Halburd said.
“I intend to allow cross-examination in a much more limited scope than the applicant intended,” he said.
A hearing has been set for November 29 to hear from the senior detective about the phone calls.
Nassif left Australia for Lebanon in 2022 and is being pursued by New South Wales police following a two-year fraud investigation.
