R v Fakhreddine (No. 2) [2024] NSWSC 1216

The suppression orders of 27 March 2024 are no longer necessary as the evidence sought to be suppressed has been disclosed to the jury, will be read as part of the Crown case, and open justice now prevails; any risk of prejudice to the administration of justice has evaporated so the orders should be revoked.

Parties: Crown: Rex; Accused: Naji Fakhreddine
Jurisdiction: Australia
Judgment Date: 27 September 2024
Procedural Posture: Criminal / Procedural Ruling on Suppression Order During Retrial
Outcome: Orders of 27 March 2024 prohibiting publication of accused's evidence at last trial revoked.
Legal Topics: Non Publication Order, Suppression Order, Murder Trial, Retrial

Criminal Law Court Procedure Non Publication Order Suppression Order Murder Trial Retrial

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Parties

Rex

Crown

Naji Fakhreddine

Accused

Procedural Posture

Criminal / Procedural Ruling on Suppression Order During Retrial

Legal Issues

1 Whether non-publication orders made on 27 March 2024 relating to the accused's evidence at his previous trial should be revoked

Ratio Decidendi

Court Disposition

Orders of 27 March 2024 prohibiting publication of accused's evidence at last trial revoked.

Orders

Pursuant to s 13 of the Court Suppression and Non-publication Orders Act 2010 (NSW), the Court's orders of 27 March 2024 relating to the non-publication of the accused's evidence at his previous trial are revoked.