R (Cth) v Alqudsi (No 3)

In the case of R (Cth) v Alqudsi (No 3), the respondent was charged with terrorism offences. The respondent applied for a stay of proceedings on the basis of prejudicial evidence that had been admitted during the trial. The High Court was required to determine the admissibility of this evidence and whether the court should grant a stay of proceedings. The High Court held that the prejudicial evidence was not admissible and that a stay of proceedings was an exceptional remedy. The court held that the proper remedy was to exclude the evidence and direct the jury to disregard it under section 137 of the Evidence Act 1995 (NSW). The court further held that the availability of documentation to be admitted to the jury at the opening of the trial should not be subject to directions and context, as it would distort the weight of the evidence. The High Court ultimately determined that the evidence was not admissible and that a stay of proceedings was not necessary. The court ordered that the prejudicial evidence be excluded and that the jury be directed to disregard it.