R v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1427

R v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1427

The application to exclude Frank D'Agostino from the public gallery was refused because, despite some juror anxiety and his central role in the case, he conducted himself quietly and respectfully, there was no concrete evidence of disruption or prejudice, and the paramount principle of open justice weighed against exclusion in the absence of compelling necessity.

Parties
Prosecution: Regina (Crown); Accused: Joseph D'Agostino; Accused: Michael Pirrello; Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Application by the Crown refused
Legal Topics
Open Justice, Courtroom Exclusion, Jury Trial, Trial Management
Criminal Law Criminal Procedure Open Justice Courtroom Exclusion Jury Trial Trial Management

Case Brief

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Parties

Regina (Crown)

Prosecution

Joseph D'Agostino

Accused

Michael Pirrello

Accused

Francesco Pirrello

Accused

Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether the Court should exclude Frank D'Agostino, a co-conspirator and family member of the accused, from the public gallery during the trial in the interests of justice

Ratio Decidendi

The application to exclude Frank D'Agostino from the public gallery was refused because, despite some juror anxiety and his central role in the case, he conducted himself quietly and respectfully, there was no concrete evidence of disruption or prejudice, and the paramount principle of open justice weighed against exclusion in the absence of compelling necessity.

Court Disposition

Application by the Crown refused

Orders

  • The application to exclude Frank D'Agostino from the public gallery is refused.
  • The position may be reconsidered if circumstances change.