Intercepted calls, emails to be part of Ashlyn Nassif fraud case

Lawyers representing the daughter of fugitive property tycoon Jean Nassif claim some intercepted phone calls may be covered by professional privilege, a court has been told.

Ashlyn Nassif, 30, was not required to appear before Burwood Local Court on Wednesday as she faced two fraud-related charges, including publishing false material.

Police allege the solicitor falsified documents to meet a $10.5m pre-sale condition for three towers of the Skyview apartments complex in Castle Hill in Sydney’s northwest.

The glamorous property heiress is alleged to have submitted fake contracts to Westpac over three months in 2021 to obtain a $150m loan to fund about 900 apartments.

The $900m apartment tower complex was built by her fugitive father Jean Nassif’s development company Toplace, which spectacularly collapsed late last year.

Magistrate Christopher Halburd said police had intercepted conversations between Ms Nassif and her father as part of a separate investigation.

Ms Nassif’s lawyers questioned whether some of the calls were covered by professional privilege and “took issue” with how they were obtained by NSW Police.

“They do take issue with the fact the warrant was issued for the purpose of investigating Mr Nassif, money laundering and Crown Casino,” Mr Halburd said.

The magistrate said the Crown case would also rely on documents produced by a Westpac employee who was “effectively a liaison with Toplace” and the bank.

“It is submitted their evidence is of the highest order and his credibility, so far as his dealings with Mr Nassif and the accused, will be of critical importance to the trial,” he said.

Mr Halburd said the employee claimed he was part of a wider decision-making process and the emails predated the allegations by between six months and years.

Ms Nassif’s lawyers applied on Wednesday for the employee and two police officers involved in the investigation to give evidence during the committal process.

In his judgment, Mr Halburd agreed with the Crown’s submission that if approved, the application could delay an already truncated case.

Ultimately, Mr Halburd agreed for one of the police officers to give evidence about the intercepts and conduct by NSW Police but only on a “much narrower scope”.

The court was told it was in question whether the intercepts were covered by privilege if it was found they were knowingly discussing matters of potential fraud.

The latest application comes more than a year-and-a-half after the property heiress was first charged in February 2023, with the case facing multiple delays.

The Toplace executive is facing one count each of dishonestly obtaining a financial advantage by deception and publishing false or misleading material.

She has not entered any pleas but has indicated that she will fight the charges.

Her father is believed to be on the run in Lebanon and while police have not charged him, officers have issued a warrant for his arrest.