New South Wales Crime Commission v Cohen

The case involved the New South Wales Crime Commission and Cohen, a former police officer. The Commission sought restraining orders against Cohen, alleging that he had used his position to intimidate and threaten witnesses involved in an ongoing investigation. The matter was heard ex parte in the Supreme Court of New South Wales, given the urgency of the situation. The Commission argued that Cohen's conduct posed a serious threat to the integrity of the investigation and the safety of the witnesses involved.

The central legal issue before the court was whether the Commission had established a sufficient case to justify the grant of restraining orders against Cohen. The court had to consider the evidence presented by the Commission, including witness statements and other documentary evidence, and determine whether it demonstrated a real and immediate risk of harm to the witnesses or the investigation. Additionally, the court had to consider whether Cohen's rights under the Constitution and the common law had been adequately protected in the circumstances.

The court found that the Commission had demonstrated a sufficient case for the grant of restraining orders. It accepted that the evidence presented showed that Cohen had engaged in a course of conduct that was likely to intimidate and threaten the witnesses, and that this conduct posed a serious risk to the integrity of the investigation. The court also found that the Commission had adequately protected Cohen's rights by providing him with an opportunity to make submissions in response to the application and by considering those submissions in reaching its decision. The court therefore made the restraining orders sought by the Commission, with effect from the date of the order.

The court ordered that Cohen be restrained from contacting any of the witnesses involved in the investigation, either directly or indirectly, and from engaging in any conduct that was likely to intimidate or threaten them. The orders were to remain in place until further order of the court.