R v LMW

The defendant, LMW, sought to have a witness give evidence in the absence of the media, arguing that the media's presence could prejudice the jury. The case was heard by the Supreme Court of Victoria. The primary issue before the court was whether the witness should be allowed to give evidence in a closed court, where the media and public were excluded.

The court considered the potential for prejudice to the jury and the need to protect the witness's right to give evidence without fear of reprisals or intimidation. The court weighed the public interest in open justice against the potential harm that could be caused by the witness's evidence being made public. Ultimately, the court determined that the witness could give evidence in the absence of the media, finding that the potential for prejudice outweighed the public interest in open justice.

The court ordered that the witness be allowed to give evidence in a closed court, where the media and public were excluded. The court also ordered that the witness's identity be protected and that the evidence be recorded and made available to the parties and the jury. The court found that these measures were sufficient to protect the witness's rights while also ensuring that the defendant received a fair trial. The court's decision was based on the specific circumstances of the case and the potential for harm to the witness and the jury.