R v Tabbah; R v Tiriaki (No 3)

The appellants, Tabbah and Tiriaki, were convicted of drug trafficking and appealed against non-publication orders that were imposed under s 8 of the Court Suppression and Non-Publication Orders Act 2010. The non-publication orders were made to protect the safety of witnesses and prevent the risk of reprisals against them. The appeal was heard by the High Court of Australia, which was required to determine the legality and proportionality of the non-publication orders.

The primary legal issue before the Court was whether the non-publication orders were justified under s 8 of the Act. The Court needed to consider whether the orders were necessary to protect the safety of the witnesses and whether they were proportionate to the risk posed. The Court also needed to consider whether the non-publication orders were compatible with the appellants' right to a fair trial under the Australian Constitution. The Court examined the relevant provisions of the Act and relevant case law to determine the scope and application of s 8.

The Court found that the non-publication orders were justified under s 8 of the Act. The Court held that the orders were necessary to protect the safety of the witnesses and to prevent the risk of reprisals against them. The Court also found that the orders were proportionate to the risk posed, as the risk was significant and the orders were limited in scope and duration. The Court rejected the appellants' argument that the non-publication orders were incompatible with their right to a fair trial, holding that the orders were necessary to ensure the proper administration of justice. The Court ultimately dismissed the appeal and upheld the non-publication orders.

The Court made no orders as to costs.