DPP to reverse decision by NSW magistrate
Director of Public Prosecutions
Media Release
16 December 1999
The Director of Public Prosecutions has directed that Michael Kanaan be tried on an ex officio indictment containing the following counts:
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Shooting at constable Patrech with intent to murder (s29, Crimes Act); alternatively maliciously discharging loaded arms at Constable Patrech with intent to do grievous bodily harm (s33A): alternatively malicious wounding of Constable Patrech (s35);
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Shooting at Constable Fotopoulos with intent to murder (s29); alternatively maliciously discharging loaded arms at Constable Fotopoulos (s33A):
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Maliciously discharging loaded arms with intent to avoid lawful apprehension (s33A); alternatively discharging firearm in a public place (s93G(1)(b);
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Possession of a loaded firearm in a public place (s93G(1)(a);
All offences are alleged to have been committed in Sydney on 23 December 1998.
Michael Kanaan had been discharged by Local Court magistrate O’Shane on 29 November 1999 when her Worship found that there was no reasonable prospect that a jury, properly instructed, would convict him.
The Director has taken a contrary view on the basis of the available evidence.
There is to be no additional comment.
Peter Symonds – Media Relations Consultant to the DPP.
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