R v Chalabian (No. 4) [2022] NSWSC 165

R v Chalabian (No. 4) [2022] NSWSC 165

The Court was not satisfied that further non-publication, suppression/non-disclosure or closed-court orders were necessary. The Applicant Witness's risk was a generalised prison-system risk arising from assisting authorities, not a risk tied to violent co-offenders or the subject matter of the proceedings. He was housed in the Special Purpose Centre, a facility designed to protect prosecution witnesses, and the Court inferred that this protection would remain in place for an indefinite period including the relevant trials. The existing general non-publication order, limited practical access to the trial, and the current protective regime covered almost entirely the areas of concern, so...

Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Criminal Jury Trial; Procedural Ruling on Application for Non Publication, Suppression/non Disclosure and Closed Court Orders / Notice of Motion Dated 21 February 2022 Heard During Trial
Outcome
Notice of Motion dismissed.
Legal Topics
['money Laundering Under S.400.3(1) Criminal Code (cth)' 'court Suppression and Non Publication Orders Act 2010' 'necessity Test Under S.8' 'protective Orders for Prosecution Witness' 'special Purpose Centre Custody' 'calculus of Risk Approach']
['criminal Law' 'open Justice' 'suppression and Non Publication Orders' 'witness Protection'] ['money Laundering Under S.400.3(1) Criminal Code (cth)' 'court Suppression and Non Publication Orders Act 2010' 'necessity Test Under S.8' 'protective Orders for Prosecution Witness' 'special Purpose Centre Custody' 'calculus of Risk Approach']

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Procedural Posture

Criminal Jury Trial; Procedural Ruling on Application for Non Publication, Suppression/non Disclosure and Closed Court Orders / Notice of Motion Dated 21 February 2022 Heard During Trial

Legal Issues

  1. 1 ["Whether further non-publication, non-disclosure or suppression, and closed-court orders should be made in relation to the Applicant Witness's evidence." 'Whether the orders sought were necessary to prevent prejudice to the proper administration of justice by reference to the informer rule under s.8(1)(a) Court Suppression and Non-publication Orders Act 2010.' 'Whether the orders sought were necessary to protect the safety of the Applicant Witness under s.8(1)(c) Court Suppression and Non-publication Orders Act 2010.' 'Whether the existing non-publication order and custodial protection at the Special Purpose Centre sufficiently addressed the identified risks.']

Ratio Decidendi

The Court was not satisfied that further non-publication, suppression/non-disclosure or closed-court orders were necessary. The Applicant Witness's risk was a generalised prison-system risk arising from assisting authorities, not a risk tied to violent co-offenders or the subject matter of the proceedings. He was housed in the Special Purpose Centre, a facility designed to protect prosecution witnesses, and the Court inferred that this protection would remain in place for an indefinite period including the relevant trials. The existing general non-publication order, limited practical access to the trial, and the current protective regime covered almost entirely the areas of concern, so...

Court Disposition

Notice of Motion dismissed.

Orders

  • ['The Notice of Motion dated 21 February 2022 is dismissed.']