Regina (C'Wealth) v Elomar & Ors [No 27] [2009] NSWSC 985

Regina (C'Wealth) v Elomar & Ors [No 27] [2009] NSWSC 985

The application was refused because there was no evidence that any juror had scrutinised or absorbed the overseas publicity, the asserted similarities between the London plot and the present allegations were outweighed by significant differences, and the jury had been repeatedly and effectively directed to disregard terrorism-related media reports and decide the case only on the evidence. There was no real risk of miscarriage of justice and no necessity to discharge the jury.

Jurisdiction
Australia
Judgment Date
21 September 2009
Procedural Posture
Criminal / Application to Discharge the Jury During Trial
Outcome
Application to discharge the jury refused.
Legal Topics
['application for Discharge of Jury' 'publicity in an Overseas Terrorist Trial' 'real Risk of Miscarriage of Justice' 'test of Necessity' "jurors' Adherence to Directions"]
['criminal Law'] ['application for Discharge of Jury' 'publicity in an Overseas Terrorist Trial' 'real Risk of Miscarriage of Justice' 'test of Necessity' "jurors' Adherence to Directions"]

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Procedural Posture

Criminal / Application to Discharge the Jury During Trial

Legal Issues

  1. 1 ['Whether publicity about convictions in an overseas terrorist trial created a real risk of miscarriage of justice in the present trial.' 'Whether the similarities between the overseas publicity and the allegations in the present trial made it necessary to discharge the jury.' 'Whether directions already given to the jury were sufficient to ensure the jury would decide the case only on the evidence.']

Ratio Decidendi

The application was refused because there was no evidence that any juror had scrutinised or absorbed the overseas publicity, the asserted similarities between the London plot and the present allegations were outweighed by significant differences, and the jury had been repeatedly and effectively directed to disregard terrorism-related media reports and decide the case only on the evidence. There was no real risk of miscarriage of justice and no necessity to discharge the jury.

Court Disposition

Application to discharge the jury refused.

Orders

  • ['Application to discharge the jury is refused.']