R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 3)
[2016] NSWSC 1864
•06 October 2016
Supreme Court
New South Wales
Medium Neutral Citation: R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 3) [2016] NSWSC 1864 Hearing dates: 6 October 2016 Date of orders: 06 October 2016 Decision date: 06 October 2016 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: Suppression order issued.
Catchwords: CRIMINAL LAW – suppression of name or anything that would identify a witness – witness provided statement to Police under inducement and promise for protection of identity and security of him and his family – Court satisfied witnesses name and identity should be supressed. Legislation Cited: The Court Suppression and Non-Publication Orders Act 2010 Category: Procedural and other rulings Parties: Regina (Crown)
Azam Charbaji (Co-accused)
Haysem Charbaji (Co-accused)
Lexy May Jamieson (Co-accused)Representation: Counsel:
Solicitors:
M Cunneen SC (Crown)
K Chapple SC (Co-accused, Azam Charbaji)
M Austin (Co-accused, Haysem Charbaji)
M Shaw (Co-accused, Jamieson)
Office of the Director of Public Prosecutions (Crown)
Alexander Lawyers (Co-accused, Azam Charbaji)
Oxford Lawyers (Co-accused, Haysem Charbaji)
Blair Lawyers (Co-accused, Jamieson)
File Number(s): 2015/5665; 2015/5907; 2015/26215 Publication restriction: NON PUBLICATION ORDER IN RELATION TO WITNESS CL: THE NAME OF THE WITNESS TO BE CALLED BY THE CROWN, THE ADDRESS OF THE WITNESS TO BE CALLED BY THE CROWN, OR ANY FAMILY OF THE WITNESS OR ANY MATTER THAT WOULD IDENTIFY THE NAME, ADDRESS OR PHONE NUMBER OF THE WITNESS OR HIS FAMILY, WILL NOT BE PUBLISHED AND THE WITNESS SHALL BE REFERRED TO AS CL.
EX TEMPORE Judgment (UNREVISED)
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HIS HONOUR: An application is made to the Court under The Court Suppression and Non-Publication Orders Act2010 for an order suppressing or prohibiting the publication of the name and anything that would identify the witness to be called next in these proceedings.
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The Court has power under s 7 of the aforesaid Act to make the order. The order is one that is made only in exceptional circumstances, given the importance of the public being informed and having available to it evidence adduced in the proceedings. Nevertheless, in these matters now before the Court, by way of application within the trial, it is not suggested that the evidence of the witness would be suppressed, only the name, address and anything that would identify the witness. As a consequence, the public’s right to hear what is being given in evidence is a matter that will be protected, even if orders in the form before the Court were made.
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The evidence before the Court is, essentially, that the witness provided a statement to police and assisted in their investigations under an inducement that would protect the identity of the witness and ensure his and his family’s security.
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As a consequence, I am satisfied that it is necessary, in order to prevent prejudice to the proper administration of justice and to protect the safety of any person and otherwise necessary in the public interest, that on the limited basis sought, namely, in relation to the name, address or anything that would identify the witness to be called, the Court should make a suppression order under s 7 of the aforesaid Act on the grounds contained in s 8 of the aforesaid Act.
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The Court makes an order that the name of the witness to be called by the Crown, the address of the witness to be called by the Crown, or any family of the witness or any matter that would identify the name, address or phone number of the witness, will not be published.
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Decision last updated: 20 December 2016
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