Police Member 1 (a pseudonym) v Antonios Sajih Mokbel

The applicants, Police Member 1 (a pseudonym) and Police Member 2 (a pseudonym), were witnesses against Antonios Sajih Mokbel. They sought a suppression order under the Open Courts Act 2014 to prevent the publication of their identities. The applicants argued that the publication of their identities would result in a real and substantial risk of prejudice to the proper administration of justice and that the judge failed to consider the injustice and harm to them resulting from the publication of their identities. The applicants also argued that the judge erred in failing to consider whether the publication of their identities would not advance the principle of open justice and that the judge considered irrelevant and extraneous factors.

The Court of Appeal considered whether the judge properly exercised his discretion under the Open Courts Act 2014 in refusing to grant the suppression order. The Court noted that the applicants were witnesses against whom the judge made findings of criminal conduct. The Court held that the judge properly considered the risk of loss of confidence in and access to justice and the primacy of the principle of open justice. The Court held that it was not necessary to suppress the identities of the applicants. The Court granted leave to appeal but dismissed the appeal.

No orders were made.