R v Coskun (No 4) [2022] NSWSC 696

R v Coskun (No 4) [2022] NSWSC 696

Sargon Odisho's refusal to answer questions became an almost complete blanket refusal, extended to innocuous matters and matters of substantial importance, continued after he was warned of possible contempt proceedings and given an opportunity to reconsider or seek further legal advice, and was stated by him to be unchanged. His conduct therefore appeared to be a wilful refusal to give evidence that interfered with the administration of justice, warranting confirmation that he appeared guilty of contempt and a direction that the Registrar commence proceedings.

Jurisdiction
Australia
Judgment Date
16 March 2022
Procedural Posture
Criminal Contempt in the Face of the Court Arising in a Criminal Trial / Determination That a Witness Appears Guilty of Contempt and Direction to Commence Proceedings
Outcome
Witness appears to be guilty of contempt; Registrar directed to commence proceedings.
Legal Topics
['criminal Contempt' 'contempt in the Face of the Court' 'witness Refusal to Give Evidence' 'administration of Justice' 'registrar to Commence Contempt Proceedings']
['criminal Law' 'contempt of Court'] ['criminal Contempt' 'contempt in the Face of the Court' 'witness Refusal to Give Evidence' 'administration of Justice' 'registrar to Commence Contempt Proceedings']

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Procedural Posture

Criminal Contempt in the Face of the Court Arising in a Criminal Trial / Determination That a Witness Appears Guilty of Contempt and Direction to Commence Proceedings

Legal Issues

  1. 1 ["Whether Sargon Odisho's refusal to answer questions as a witness in the criminal trial interfered with the administration of justice." 'Whether it appeared that Sargon Odisho was guilty of contempt so that the Registrar should be directed to commence proceedings.']

Ratio Decidendi

Sargon Odisho's refusal to answer questions became an almost complete blanket refusal, extended to innocuous matters and matters of substantial importance, continued after he was warned of possible contempt proceedings and given an opportunity to reconsider or seek further legal advice, and was stated by him to be unchanged. His conduct therefore appeared to be a wilful refusal to give evidence that interfered with the administration of justice, warranting confirmation that he appeared guilty of contempt and a direction that the Registrar commence proceedings.

Court Disposition

Witness appears to be guilty of contempt; Registrar directed to commence proceedings.

Orders

  • ['Pursuant to Pt 55 r 11(1) of the Supreme Court Rules 1970 (NSW), I confirm that it appears that Sargon Odisho is guilty of contempt.' 'I direct the Registrar to commence proceedings either on the charge I proposed, or as may be advised by the Crown Solicitor or counsel who she may instruct.']