Sahadi and Savva and Anor

In the matter of Sahadi and Savva and Anor, Judge Kemp of the Supreme Court of New South Wales considered an application by the Commissioner of Police, New South Wales Police (“NSW Police”), for the release of a report prepared by Dr C dated 14 November 2013. This report had previously been released to the father, Mr Savva, and the mother, Ms Sahadi. The Commissioner sought to be joined as an intervenor in the proceedings concerning the release of this report.

The primary legal issue before the Court was whether the NSW Police Commissioner should be granted leave to release a redacted copy of the subject report to various individuals and entities, including the father, the mother, their legal representatives, certain other named individuals and their legal representatives, the Director of Public Prosecutions, and the judicial officer presiding over related criminal proceedings. A further issue concerned the specific redactions to be made to the report and the conditions under which it could be provided to certain parties.

Judge Kemp reasoned that the Commissioner should be joined as an intervenor and granted leave to release the report. The Court ordered that the report be redacted to remove the identity of Ms G and her family, as well as the name and birth date of the child of the father and mother. Crucially, the Court stipulated that before providing the report to Mr A, Mr M, and Mr J, the Commissioner was required to obtain written undertakings from these individuals not to release the report's contents to anyone other than their legal representatives, or alternatively, to make an application to the Supreme Court of New South Wales for an order prohibiting publication.

The Court ordered that the Commissioner of Police be joined as an intervenor and granted leave to provide a redacted copy of the subject report to the father, the mother, Mr A, Mr M, Mr W, Mr J, the Director of Public Prosecutions, and the judicial officer presiding over the criminal proceedings commencing on 4 April 2016. These provisions were subject to the specified redactions and the requirement for undertakings or court orders regarding the use and dissemination of the report by Mr A, Mr M, and Mr J.