26/05/2026
Blaxland Law is proud to announce a significant victory for our client in Ahmed Ismail v State of New South Wales [2026] NSWDC 156, handed down on Friday, 22 May 2026. The full decision can be accessed here: https://lnkd.in/g68mDQ57.
This matter has been hard fought since its commencement in 2021. After years of litigation, the Court found in favor of our client in a claim for malicious prosecution against the State of New South Wales.
Malicious prosecution claims are notoriously difficult to establish. A critical feature of this case was the extensive forensic investigation undertaken by our office over several years. Through targeted GIPA/iAsk requests, detailed analysis of COPS event audits, and an extensive subpoena process directed to the Commissioner of Police and other agencies, we were able to forensically examine the police's conduct at every stage of the investigation in granular detail. This material ultimately demonstrated that the officer in charge possessed information establishing that the alleged offending could not have occurred and failed to disclose that information to our client during the prosecution. The uncovering of this evidence was central to exposing the lack of proper foundation for the proceedings and to establishing the elements of the tort.
Using our evidence, the Court carefully examined the conduct of the investigation and prosecution, ultimately finding that the case against our client regarding the telecommunication offences should not have been brought. The judgment serves as an important reminder that NSW Police have ongoing duties of disclosure to defendants in criminal proceedings; the powers of the State must be exercised responsibly; and individuals are entitled to protection from unjustified prosecution.
This result reflects Blaxland Law’s longstanding experience in civil claims against the State involving wrongful arrest, false imprisonment, and malicious prosecution. We remain committed to holding authorities accountable and securing meaningful outcomes for individuals who have been wronged.
We congratulate our client on this result.
