R v Fahmy (No. 1) [2026] NSWDC 333

R v Fahmy (No. 1) [2026] NSWDC 333. In a trial concerning alleged dishonest NDIS claims and money laundering, the Crown sought orders allowing two former employees of the accused to testify by audio-visual link. The central issue under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) was whether remote evidence, despite disputed credibility and the accused’s objection, served the interests of the administration of justice without causing unfairness. The District Court granted the application. Reliable technology enabled effective cross-examination and jury assessment, while the witnesses’ childcare, travel and medical circumstances, alongside efficient trial administration, favoured remote testimony.