R v Qaumi and Qaumi (No 8)

The case of R v Qaumi and Qaumi (No 8) involved the applicants seeking non-publication and suppression orders to prevent the publication of certain details associated with the case. The applicants were facing criminal charges, and one of them was an informant witness who had complained that she was identified in the press. The court was tasked with deciding whether the orders were necessary and appropriate, given the circumstances of the case.

The central legal issues before the court were whether the orders were necessary to protect the informant witness, whether they were futile given the extent of prior publication, and whether the orders were necessary during the currency of extensive media coverage. Additionally, the court had to consider the impact of sensational and prurient reporting on the witness and the public interest in the case. The court also had to determine the appropriate length of the order, balancing the need for protection with the principle that orders should not be in place for longer than reasonably necessary.

The court found that the orders were necessary to protect the informant witness, considering the risks associated with her identification and the impact of sensational reporting. The court recognised the importance of encouraging future witnesses to cooperate by providing them with adequate protection. The court also considered the ongoing media coverage of the case and the need for the orders during this period. In assessing the appropriate length of the order, the court balanced the need for protection against the principle that orders should not be in place for longer than reasonably necessary.

The final orders included non-publication and suppression orders to protect the informant witness and prevent the publication of certain details associated with the case. The court determined that these orders were necessary to protect the witness and balance the public interest in the case with the need for protection. The court also set the duration of the orders, considering the ongoing media coverage and the need for protection during this period.