Sultani v The Queen; Shekeb v The Queen; Abdaly v The Queen; MD v The Queen; Baines v The Queen; Munshizada v The Queen; Hosseinishoja v The Queen

In the case of Sultani and others versus The Queen, the defendants applied to the District Court for an interim suppression order to prevent the publication of a report of proceedings from an ongoing Supreme Court trial. The Supreme Court had previously declined a similar application. The defendants sought an adjournment of their appeal against the Supreme Court's decision and requested an interim suppression order pending the outcome of the appeal. The court considered the applications and the legal principles governing suppression orders, particularly focusing on the balance between the public's right to know and the potential prejudice to a fair trial.

The legal issues before the court included the circumstances in which suppression orders could be granted, the principles governing the right to a fair trial, and the appropriate weight to be given to the public interest in open justice. The court had to determine whether the defendants had established that publication of the report would cause substantial prejudice to the administration of justice or the defendants' right to a fair trial. The court also considered the Supreme Court's previous decision and the need to avoid piecemeal litigation.

In evaluating the applications, the court held that the defendants had not demonstrated that publication of the report would cause substantial prejudice to the administration of justice or their right to a fair trial. The court found that the defendants' arguments were speculative and did not adequately address the potential prejudice to the public interest in open justice. The court also noted that the Supreme Court's decision was not a final determination and could be challenged on appeal. Consequently, the court refused both the application to adjourn the appeal and the request for an interim suppression order. The court emphasised the importance of open justice and the need to avoid piecemeal litigation, particularly in cases involving multiple defendants and ongoing proceedings.