Reported Decision:
163 A Crim R 508
199 FLR 270
New South Wales
Supreme Court
CITATION: Regina v Lodhi [2006] NSWSC 596
JUDGMENT DATE :
15 March 2006JUDGMENT OF: Whealy J at 1 DECISION: Make Orders in accordance with Short Minutes of Order CATCHWORDS: National Security Information (Criminal & Civil Proceedings) Act 2004: Protective orders - imposition of orders to protect National Security during a criminal trial - s 85B Crimes Act 1914 (Cth) - s 93.2 of the Criminal Code Act 1995 - principles of open justice - pseudonyms - screening orders - closed court orders - supression of publication of evidence LEGISLATION CITED: Criminal Code Act 1995
National Security Information (Criminal and Civil Proceedings) Act 2004
Australian Security Intelligence Organisation Act 1979
Crimes Act 1914 (CPH)CASES CITED: John Fairfax Publications Pty Limited & Anor v District Court of NSW [2004] 61 NSWLR 344
John Fairfax & Sons Pty Limited v Police Tribunal of NSW (1986) 5 NSWLR 465
Attorney-General (NSW) v Mayas Pty Limited (1988) 14 NSWLR 342
McPherson v McPherson (1936) AC 177 at 200
R v Tate (1979) 46 FLR 386 at 402
John Fairfax Group v Local Court of NSW (1991) 36 NSWLR 131 at 141B-F per Kirby P
ABC v Parish 29 ALR 228 per Bowen CJ at 236
John Fairfax Publications Pty Limited v Ryde Local Court [2005] 52 NSWLR 512 at paras 82 and 83
Regina v CAL (unreported CCA (NSW) 18 February 1993)
Witness v Marsden (2000) 49 NSWLR 429 at 464
Alister v The Queen (1983) 154 CLR 404 at 435 and 436
D v National Society for the Prevention of Cruelty to Children (1978) AC 171 at page 233 per Lord Simon of Glaisdale
Cain v Glass (No 2) (1985) 3 NSWLR 230 at 246FF
Regina v Mallah (unreported 11 February 2005 at para 23 per Wood CJ at CL
R v Ngo (2003) 57 NSWLR 555
Jarvie v Magistrate's Court (Vic) (1995) 1 VR 84 per Brooking J
Jago v District Court (1989) 168 CLR 223
R v Glennon (1992) 173 CLR 592
Dietrich v The Queen (1992) 177 CLR 292PARTIES: Regina v Faheem Khalid LODHI FILE NUMBER(S): SC 2005/1094 COUNSEL: Mr T. Howe - Applicant for C'Wealth Attorney General
Mr T. Blackburn SC - Media Interests (Intervening)
Mr R. Maidment SC; Mr G. Bellew - Crown
Mr P. Boulten SC; Mr P. Lange - AccusedSOLICITORS: Australian Government Solicitor - C'Wealth A.G.
Commonwealth DPP - Crown
Michael Doughty - Accused
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTWHEALY J
WEDNESDAY 15 March 2006
2005/1094 - REGINA v Faheem Khalid LODHI
JUDGMENT - Application for Protective Orders
1 HIS HONOUR: This is the hearing of a motion on behalf of the Commonwealth Attorney-General. The application arises out of my decision given earlier today in relation to likely orders for disclosure in relation to national security information. I have in my previous decision referred to this information as “NSI”. I…
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- AGLC
- R v Lodhi [2006] NSWSC 596
- Case
- [2006] NSWSC 596
- Decision Date
CaseChat Overview and Summary
The court considered the balance between the right to a public trial and the need to protect sensitive information that could endanger national security. It noted the importance of open justice but recognised the potential risks of publicising certain details. The court found that the evidence in question was highly sensitive and that its publication could lead to serious harm. The court also examined the use of pseudonyms, screening orders, and closed court orders as measures to mitigate the risks while still allowing for a degree of transparency. Ultimately, the court decided that closed court orders were necessary to protect national security without completely sacrificing the principles of open justice.
The court's reasoning led to the conclusion that the trial should proceed with certain protective measures in place. The appellant's arguments for a fully public trial were not accepted due to the sensitive nature of the evidence. The court ordered that the trial proceed with pseudonyms, screening orders, and closed court orders to ensure that national security was protected while maintaining a degree of transparency. This decision underscored the delicate balance between open justice and national security.
The final orders of the court included the imposition of pseudonyms for individuals involved in the case, the implementation of screening orders to limit the audience of the trial to those with a direct interest, and the establishment of closed court orders for parts of the trial where the most sensitive evidence was to be presented. These measures aimed to protect national security while ensuring that the trial remained as open and transparent as possible under the circumstances.
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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