The Allegation

Three brothers, Hussein Dabaja, Sami Dabaja and Hasan Dabaja, together with Brandon Yazbeck, were charged following a large-scale NSW Police investigation into an alleged encrypted phone network known as the "VIP OCN".
The prosecution alleges that:

• they participated in an organised criminal group

• they assisted in supplying heavily encrypted mobile phones designed for criminal use

• the devices were distributed to individuals allegedly involved in serious criminal activity, including murder, kidnapping and large-scale drug offences

• the network generated more than $12 million in revenue through the sale of thousands of encrypted devices

The Crown alleges the defendants acted as onshore facilitators for the alleged operation, while the organisers managed the business from overseas.

The Reality of the Case
The Court heard that the investigation followed a 15-month police operation conducted by the NSW State Crime Command.
Police allege that:

• more than 3,000 encrypted devices were sold to approximately 2,500 customers across NSW

• the phones were modified Google Pixel devices fitted with the Graphene operating system and anonymous eSIMs

• the devices contained security features designed to erase data if accessed by law enforcement

• several devices have allegedly been linked to serious criminal investigations, including homicide and organised crime matters

Search warrants resulted in the seizure of mobile phones, cash and electronic equipment.

Our Defence Strategy
In complex organised crime prosecutions, the defence focuses on carefully analysing the prosecution evidence and protecting the client's legal rights throughout the proceedings.
Key areas include:

• examining whether the prosecution can establish participation in a criminal group

• challenging the alleged knowledge and intent of each accused

• testing the admissibility and reliability of electronic and forensic evidence

• seeking bail where appropriate while proceedings continue

Every defendant is presumed innocent unless and until proven guilty.

The Court's Findings
At the initial court proceedings:

• all four defendants appeared before the Court on the charged offences

• the Court considered submissions regarding bail

• each defendant was granted bail subject to strict conditions

Those conditions included regular reporting requirements, restrictions on communication between the accused and limitations on the use of communication devices.
The criminal proceedings remain before the Court and no findings of guilt have been made.

The Result
At this stage of the proceedings:

• all defendants were granted bail

• strict bail conditions were imposed

• the matter was adjourned for further court proceedings

The case will continue before the Court as the prosecution progresses.

Why This Case Matters
This matter highlights several important principles of criminal law:

• serious organised crime allegations require the prosecution to prove every element of each offence

• bail may still be granted in complex criminal matters despite the seriousness of the allegations

• every accused person is entitled to the presumption of innocence and a fair trial

Large-scale criminal investigations often involve complex digital evidence requiring detailed legal analysis.

Our Expertise
At Abbas & Co Lawyers, we act in complex criminal matters including:

• organised crime allegations

• criminal group offences

• serious indictable offences

• bail applications

• defended criminal proceedings

We know how to:

• protect our clients' rights throughout complex investigations

• challenge prosecution evidence

• prepare strategic criminal defences

• advocate effectively in bail and criminal proceedings
   

Speak to Us
If you or a loved one has been charged with a serious criminal offence, obtaining legal advice as early as possible is essential.
Early representation can be critical in protecting your rights and preparing the strongest possible defence.
Contact Abbas & Co Lawyers to discuss your options.