DMT v The Queen

The Supreme Court of New Zealand considered an application by DMT to prohibit the publication of the judgment and any part of the proceedings, including the result, in news media or on the internet or other publicly available database until the final disposition of the trial. The application was made in the context of a case between DMT and the Crown, with the specific details of the case suppressed until the trial's conclusion. The court was tasked with deciding whether to grant the application for a publication ban, balancing the right to a fair trial with the principle of open justice.

The primary legal issue before the court was whether the suppression of the details of the case, including the result, was necessary to ensure a fair trial for the applicant. The court considered the principles of open justice and the potential for prejudice that might arise from premature publication. The court also had to weigh the public's right to know against the potential harm that might result from publication before the trial's conclusion. The respondent argued that there was no real risk of prejudice to the applicant's right to a fair trial and that the suppression of information would be unjustified.

The Supreme Court, in granting the application, found that the suppression of the details of the case was necessary to protect the applicant's right to a fair trial. The court determined that there was a real risk of prejudice if the details of the case, including the result, were published before the final disposition of the trial. The court concluded that the principle of open justice could be balanced with the need to ensure a fair trial by imposing a publication ban until the trial's conclusion. The court also noted that the publication of the judgment and proceedings in law reports or law digests would not undermine the applicant's right to a fair trial.

The Supreme Court made an order prohibiting the publication of the judgment and any part of the proceedings, including the result, in news media or on the internet or other publicly available database until the final disposition of the trial. The order allowed for the publication of the judgment and proceedings in law reports or law digests. The specific details of the case and the result of the trial remained suppressed until the final disposition of the trial.