Fugitive developer's daughter in dispute over recorded calls

Intercepted telephone conversations between a daughter and her fugitive father, a real estate developer, may not be used against her in a fraud case, even though they form a key part of the prosecution's case.

Ashlyn Nassif, a trained lawyer, claims that the calls made during an investigation against her father Jean Nassif should fall under the category of attorney-client privilege.

Hundreds of calls from Mr Nassif were intercepted by NSW Police during a 2021 investigation into suspected money laundering at The Star Casino in Sydney, a court heard on Wednesday.

Ms Nassif was an executive at her father's development company Toplace, which NSW Fair Trading was banned from carrying out construction work following a series of defects on several major housing projects.

She is accused of submitting false documents to secure a $150 million loan from Westpac to build three residential towers in the northwest Sydney suburb of Castle Hill.

Judge Christopher Halburd said he would allow a senior NSW Police officer to be questioned about the phone calls before Ms Nassif's case continued.

He told a hearing at Burwood Magistrates Court that prosecutors would have “a very strong case indeed” if the calls were admitted, but would be significantly weaker without them.

Prosecutors have argued that the calls could easily fall into several categories, including conversations between a father and daughter about family matters.

The calls could also be classified as business matters between Toplace executives or between a lawyer and a client, Mr. Halburd said.

“I intend to allow cross-examination to a much narrower extent than the applicant has requested,” he said.

A hearing is scheduled for Nov. 29 to question the lead detective about the phone calls.

Mr Nassif left Australia for Lebanon in 2022 and is being pursued by New South Wales police after a two-year fraud investigation.