NSW Crime Commission v D108

[2019] NSWSC 1333

Supreme Court

New South Wales

Medium Neutral Citation:

NSW Crime Commission v D108 [2019] NSWSC 1333

Hearing dates:

1 October 2019

Date of orders:

01 October 2019

Decision date:

01 October 2019

Jurisdiction:

Common Law

Before:

Adamson J

Decision:

(1) I note that on 12 August 2019 Fagan J made orders under s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW).

 

(2) I vary the orders of Fagan J by inserting after sub-paragraph 1.6 in paragraph 1 the following:

“1.7 disclosure of material necessary for the prosecution of the defendant referred to by the pseudonym D108 for offences under the Crime Commission Act 2012 and any bail application made on behalf of the defendant”.

Catchwords:

PRACTICE AND PROCEDURE – variation of non-publication order to permit disclosure in criminal trial and bail application

Legislation Cited:

Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7
Crime Commission Act 2012 (NSW)

Category:

Procedural and other rulings

Parties:

New South Wales Crime Commission

Representation:

Counsel:
S Vorreiter (Plaintiff, mentioned for Defendant)

  Solicitors:
New South Wales Crime Commission (Plaintiff)

File Number(s):

2019/250226

Judgment – ex tempore

1. On 12 August 2019 Fagan J made orders under s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) that there be no disclosure of certain documents. The orders were expressed to be subject to a carve-out in sub-paragraphs 1.5 and 1.6 of paragraph 1 of those orders.

2. Mr Vorreiter, who appears on behalf of the New South Wales Crime Commission, and who has mentioned the appearance of Mr Michael Ayache who appears on behalf of the defendant, D108, has informed me that the defendant has, since the commencement of these proceedings, been charged with an offence. The defendant proposes to make a bail application which is to be heard this afternoon at 2.30pm.

3. The New South Wales Crime Commission and the defendant jointly seek a variation of the orders to permit disclosure of any material necessary for the defendant's prosecution or in respect of any bail application made on behalf of the defendant. The purpose of the variation is to enable the procedures associated with the criminal trial to proceed and to permit the defendant to rely on the material in support of any bail application.

4. I am persuaded that it is appropriate to make the orders sought by the parties. I note the matter set out in paragraph 1 of the draft order provided by Mr Vorreiter and I make an order in terms of paragraph 1 of the orders to vary the orders made by Fagan J. I have added at the conclusion of draft order 1 the words "and any bail application made on behalf of the defendant" to make clear that this is included.

Order and notation

5. I make the following notation and order:

1. I note that on 12 August 2019 Fagan J made orders under s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW).

2. I vary the orders of Fagan J by inserting after sub-paragraph 1.6 in paragraph 1 the following:

“1.7 disclosure of material necessary for the prosecution of the defendant referred to by the pseudonym D108 for offences under the Crime Commission Act 2012 and any bail application made on behalf of the defendant”.

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Decision last updated: 02 October 2019