R v Qaumi and Ors (AVL)

The case before the court involved an application by the prosecution for informant witnesses to testify via audio-visual link (AVL) in the trial of the respondents, who were charged with various offences including murder, conspiracy to commit murder, and accessory after the fact to murder. The respondents challenged the use of AVL, arguing that the witnesses should testify in person, asserting their right to confront the accusers. The Supreme Court of Victoria heard the matter, led by Justice Byrne.

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.