Supreme Court
New South Wales
Medium Neutral Citation: R v Fesus (No. 8) [2017] NSWSC 1423 Hearing dates: 28 September 2017, 3 October 2017 Date of orders: 03 October 2017 Decision date: 20 October 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Reasons for rulings concerning applications by media for access to trial exhibits
Catchwords: CRIMINAL LAW – murder trial – applications by media for access to exhibits during trial – relevant considerations – approach to application concerning evidence subject to non-publication orders Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Cases Cited: R v Fesus (No. 2) (unreported, 15 August 2017)
R v Fesus (No. 7) [2017] NSWSC 1422
R v Karimi; R v Khoury; R v Mir (No. 5) [2013] NSWSC 232
R v Sam (No. 5) [2009] NSWSC 543Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown)
Steve Frank Fesus (Accused)Representation: Counsel:
Solicitors:
Mr G Smith SC (Crown)
Mr K Chapple SC (Accused)
Ms M Kumar (Commissioner of Police)
Director of Public Prosecutions (Crown)
Nyman Gibson Miralis (Accused)
Crown Solicitor’s Office (Commissioner of Police)
File Number(s): 2013/207336 Publication restriction: ---
Judgment
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JOHNSON J: The Accused, Steve Frank Fesus, stood trial for the murder of his then wife, Jodie Melissa Fesus, at Mt Warrigal on 11 August 1997.
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As the trial progressed, representatives of the media made application for access to certain items of evidence tendered in the trial. These items included disks containing video and audio recorded interviews of the Accused with police in August 1997, October 1997, December 2000, January 2001 and July 2013, together with transcripts of those interviews, all of which had been furnished to the jury.
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During the course of the trial, I declined to grant access to the electronic exhibits, indicating that I would consider the position further after the jury had returned a verdict.
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In this respect, I took the view that provision of electronic evidence to the media during the course of the trial, with subsequent broadcasting of that material, would heighten the risk that other members of the community would engage with jurors concerning aspects of the evidence in a manner which could distract jurors from their single-minded attention to the evidence adduced in the court room: R v Sam (No. 5) [2009] NSWSC 543 at [14]-[21]; R v Karimi; R v Khoury; R v Mir (No. 5) [2013] NSWSC 232 at [13]-[19].
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I emphasised that the concern which I had operated during the trial with the application being able to be revisited after the jury had returned a verdict.
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Different considerations applied to the transcripts of the police interviews in August 1997, October 1997, December 2000 and January 2001. Provision of those documents to the media would assist fair and accurate reporting of evidence in the trial. Consistent with this approach, the media were granted access to transcripts of interviews between the Accused and police in 1997, 2000 and 2001, but denied access to the electronic recordings of these interviews.
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- AGLC
- R v Fesus (No. 8) [2017] NSWSC 1423
- Case
- [2017] NSWSC 1423
- Decision Date
CaseChat Overview and Summary
The court considered the relevant statutory provisions and case law governing media access to exhibits in criminal trials. It noted the importance of balancing the public's right to be informed about the proceedings with the need to protect the integrity of the trial and the rights of the accused. The court also considered the potential impact of releasing the exhibits on the fairness of the trial and the protection of the privacy and reputation of individuals involved in the case. Ultimately, the court determined that the exhibits should not be made available to the media during the trial due to the risk of prejudicing the proceedings and the potential harm to the accused's right to a fair trial.
The court found that the non-publication orders in place were appropriate to protect the integrity of the trial and the rights of the accused. It noted that the media's interest in reporting on the case was not sufficient to override these considerations. The court also emphasised the importance of ensuring that the trial was conducted in a manner that upheld the principles of natural justice and the rule of law.
The court's decision was that the media applications for access to the exhibits during the trial were refused. The court ordered that the non-publication orders remain in place and that the exhibits be kept confidential until the conclusion of the trial. The court also emphasised the importance of maintaining a fair and impartial trial and protecting the rights of all parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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