Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. In the early hours of 23 July 2023, a shooting occurred in Mayvic Street, Greenacre. As a result, one person was killed, and two others were seriously injured.

2. Adam Elshaimy stands charged with one count of murder, two counts of shoot at person with intent to murder and one count of participating in a criminal group. The charges arise from the events surrounding and involving the shooting just referred to.

3. It is the Crown case that Mr Elshaimy was part of a joint criminal enterprise ("JCE") with two others to shoot and kill persons who were suspected (wrongly) of seeking retribution against one of them (Chahal) for an earlier alleged drug theft (or drug "rip"). As it turns out, the person murdered, and those injured, were innocent people with no known connections to drugs or those people said to be part of the alleged JCE.

4. On 8 October 2024, Wright J granted Mr Elshaimy bail on strict conditions. Those conditions included that he wear a privately provided, funded and monitored electronic monitoring device. On 11 June 2025, the Bail Amendment (Ban on Private Electronic Monitoring) Act 2025 (NSW) came into force. The effect of this act is that no person on bail can have an electronic monitor that is privately operated. There is a transition period in which those persons, such as Mr Elshaimy, who had private electronic monitoring as a condition of bail must apply for a variation of bail to remove private electronic monitoring or be taken to be in breach of bail.

5. It should be added that on 20 May 2025, Mr Elshaimy attended Burwood police station by arrangement and was charged with nine domestic violence ("DV") offences (eight of intimidation and one of assault) against his former wife. He was bail refused by the police.

6. On 21 May 2025, a detention application and bail application were heard at the Burwood Local Court. The learned magistrate was not satisfied that any breach of bail had been established, and Mr Elshaimy was granted bail.

7. Before the Court are two applications. First, the Crown makes a detention application under s 50 of the Bail Act 2013 (NSW) ("the Act"). Second, Mr Elshaimy makes a variation application to remove the electronic monitoring condition. It was accepted at the hearing that whilst the applications would run together and are inter-linked, I would determine the detention application first. If I refused the detention application the Crown accepted that the variation sought by Mr Elshaimy should be made.

8. I heard the matter on 5 August 2025. Having regard to the nature of the applications, particularly the detention application which if granted would have placed Mr Elshaimy in custody, at the conclusion of the hearing I indicated to the parties that my decision was that the Crown detention application was refused, and the variation application was granted. I said I would give my reasons later. These are those reasons.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198968f1fe3fd29d8ec84910)

Disclaimer: Curated by HT Syndication.