Supreme Court
New South Wales
Medium Neutral Citation: R v Qaumi & Ors (AVL) [2015] NSWSC 1711 Hearing dates: 9,11,13 November 2015 Date of orders: 18 November 2015 Decision date: 18 November 2015 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) Each of the persons known as witnesses 'A', 'B', 'J' and 'K' be permitted to give their evidence at the pre-trial hearing by audio visual link pursuant to the provisions of s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW).
(2) Otherwise, the applications for directions under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) are refused.
(3) For the purposes of these proceedings, including any other or further interlocutory applications conducted in connection with these proceedings, the proposed Crown witnesses who have given statements under the identifying pseudonym letters "A" to "L" inclusive (collectively "the witnesses"), shall each be referred to by the name recorded hereunder beside each said pseudonym letter ("collectively the witnesses' names"):
(a) Witness A
(b) Witness B
(c) Witness C
(d) Witness D
(e) Witness E
(f) Witness F
(g) Witness G
(h) Witness H – Michael Odisho
(i) Witness I
(j) Witness J
(k) Witness K
(l) Witness L(4) The interim suppression and non-publication orders made on 2 November 2015 are revoked and the following orders are made.
(5) Except for the purposes of issuing subpoenas, the names of the witnesses referred to in Order (3) be suppressed until further order of the Court pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) (“the Act”), together with any evidence, submission, discussion, document or information that might facilitate the identification of the witnesses names, on the following grounds:
(i) the order is necessary to prevent prejudice to the proper administration of justice;
(ii) the order is necessary to protect the safety of the witnesses;
(iii) the order is necessary in the public interest.(6) Except for the purposes of issuing subpoenas, publication of the witnesses' names be restricted until further order of the Court, pursuant to s 7 of the Act, to the respective pseudonym letters allocated to each witness in Order 3 (a) to (I) above, on the grounds set out in Order 5 (i) to (iii) above.
(7) Without limiting the generality of Orders 5 and 6 above, any description or depiction of the physical appearance or other identifying feature of any or all of the witnesses be suppressed until further order of the Court, pursuant to s 7 of the Act, except as might be necessary for the proper conduct of the proceedings, on the grounds set out in Order 5 (i) to (iii) above.
(8) Pursuant to s 7 of the Act, and until further order, there is to be no publication of the evidence, information given about the evidence or submissions made in the pre-trial hearing on the ground that the order is necessary to prevent prejudice to the proper administration of…
Keep reading for free
Create a free CaseChat account to read R v Qaumi and Ors (AVL) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] NSWSC 1711
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the use of AVL for the witnesses was appropriate, considering the risk to their safety, the motive of the respondents to harm them, and the potential prejudice to the respondents' right to a fair trial. The court also considered whether the evidence provided by the witnesses was orchestrated, whether the police had a conflict of interest, and the overall public interest in protecting informant witnesses.
Justice Byrne held that the application for AVL was appropriate, given the substantial risk to the witnesses' safety, their expressed fears and anxiety, and the respondents' motive to harm them. The court emphasised that each case must be assessed on its individual circumstances, and the onus was on the party seeking the AVL order to demonstrate the necessity. The judge concluded that the court's security measures were sufficient to protect the witnesses and that the administration of justice would be prejudiced if the witnesses were compelled to testify in person. The court also noted that the protection of informant witnesses served the public interest and encouraged others to assist police in the future.
The court granted the application for the witnesses to give evidence via AVL and made suppression and non-publication orders to protect the witnesses' identities. The court also ordered that the trial be closed to the public to further safeguard the witnesses.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.