NH v The Director of Public Prosecutions; Jakaj v The Director of Public Prosecutions; Zefi v The Director of Public Prosecutions; Stakaj v The Director of Public Prosecutions

In four related matters before the High Court of Australia, the Director of Public Prosecutions (DPP) sought suppression and non-publication orders. The applications were made in the context of appeals concerning charges against the appellants, where 12 jurors had provided affidavits in the court below.

The central legal issue before the Court was whether to grant orders preventing the disclosure of information that could reveal the identities of these 12 jurors. The DPP contended that such disclosure was necessary to prevent prejudice to the proper administration of justice, specifically in relation to the ongoing appeal rights of the appellants.

The Court, applying section 77RE(1)(a) of the Judiciary Act 1903 (Cth), determined that it was necessary to make orders to prevent prejudice to the proper administration of justice. In two of the matters (A14/2016 and A19/2016), the orders were made until all appeal rights, excluding those under section 353A of the Criminal Law Consolidation Act 1935 (SA), were exhausted or until further order. In the other two matters (A15/2016 and A16/2016), the orders prohibited disclosure of the jurors' identities without first obtaining leave of the Court or a Justice.