R v Coss (No 6)
[2022] NSWSC 796
•02 June 2022
Supreme Court
New South Wales
Medium Neutral Citation: R v Coss (No 6) [2022] NSWSC 796 Hearing dates: 2 June 2022 Date of orders: 2 June 2022 Decision date: 02 June 2022 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: Interim order made on 1 June 2022 is revoked.
Catchwords: CRIMINAL PROCEDURE – trial – judge alone – murder – Court Suppression and Non-publication Orders – interim order revoked
Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW)
Category: Procedural rulings Parties: Regina (Crown)
Bruce Anthony Coss (Accused)Representation: Counsel:
Solicitors:
L Shaw (Crown)
M P King (Accused)
A Rose (Commissioner of Police)
Solicitor for Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Accused)
Crown Solicitor’s Office (Commissioner of Police)
File Number(s): 2019/336236 Publication restriction: Nil
EX TEMPORE Judgment (REVISED)
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HIS HONOUR: Yesterday in this matter, I made an interim order pursuant to s 10(1) of the Court Suppression and Non-publication Orders Act 2010 (NSW) in relation to evidence given by the witness Keith King in relation to discussions that he had with police relating to the police using media releases in order to generate conversations or activity with the view to furthering the investigation.
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The order was made on an interim basis with no consideration given to the merits of the application, on the assumption that pursuant to s 10(2) the application itself would be determined as a matter of urgency. That term has a certain relativity about it. In the circumstances, it seemed to me to be appropriate to make the order, allowing time for the Commissioner's representatives to obtain instructions with respect to evidence that could, on its face, have at least the potential to relate to a matter that was potentially of concern, relating as it did to the subject of at least, in the instant case, police methodology.
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A short time ago I was informed that those instructions have, in fact, been taken and the application is not pursued. In those circumstances, I decline to make any order in relation to the non-publication of the matters that I have referred to. For clarity, I confirm that the interim order thereby comes to an end.
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Decision last updated: 16 June 2022
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