R v Agius; R v Castagna (No 1)

The accused, Agius and Castagna, were charged with conspiracy to defraud the Commonwealth and faced trial in the District Court of New South Wales. The prosecution sought an order for suppression of articles relating to the accused in the online newspaper Crikey. The orders were not opposed. The applicants argued that the publication of the articles would prejudice the administration of justice in the forthcoming trial. They submitted that the publication of the articles was likely to lead readers to conclude that the applicants were guilty of the offence charged.

The court considered the relevant authorities and the potential prejudice to the accused that would result from publication of the articles. The court found that the publication of the articles would have a substantial prejudicial effect on the administration of justice. It found that the articles would lead a reasonable person to conclude that the applicants were guilty of the offence charged and therefore had the potential to interfere with the trial process. The court concluded that the order was necessary to protect the administration of justice.

The court made an order that articles relating to one or both of the accused be removed from the internet in New South Wales pending the determination of the criminal trial.