R v Krivosic (No. 1) [2021] NSWSC 1501

R v Krivosic (No. 1) [2021] NSWSC 1501

After inspecting the confidential material and undertaking the required balancing exercise, including the seriousness of the murder charge, the absence of evidence that the substance of the information had already been published, and the Court's view that the unsigned and relatively brief material would not assist the Accused and would if anything add to the inculpatory evidence, the balance lay in favour of non-disclosure on the basis of public interest immunity.

Jurisdiction
Australia
Judgment Date
17 November 2021
Procedural Posture
Criminal Murder Trial; Application for Public Interest Immunity in Response to Defence Subpoena / Procedural Ruling During Trial
Outcome
Public interest immunity claim upheld; Commissioner excused from production except for MFI10 already produced in redacted form.
Legal Topics
['public Interest Immunity' 'subpoena' 'informer Principle' 'confidential Material' 'murder Trial']
['criminal Law' 'evidence'] ['public Interest Immunity' 'subpoena' 'informer Principle' 'confidential Material' 'murder Trial']

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Procedural Posture

Criminal Murder Trial; Application for Public Interest Immunity in Response to Defence Subpoena / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether the New South Wales Commissioner of Police should be excused under ss.130(1) and 131A Evidence Act 1995 from producing documents in response to the subpoena issued on behalf of the Accused on 12 November 2021.' 'Whether the balance under s.130 Evidence Act 1995 and public interest immunity principles favoured non-disclosure of material said to engage the informer principle.' 'Whether the material would be of material assistance to the Accused in the murder trial.']

Ratio Decidendi

After inspecting the confidential material and undertaking the required balancing exercise, including the seriousness of the murder charge, the absence of evidence that the substance of the information had already been published, and the Court's view that the unsigned and relatively brief material would not assist the Accused and would if anything add to the inculpatory evidence, the balance lay in favour of non-disclosure on the basis of public interest immunity.

Court Disposition

Public interest immunity claim upheld; Commissioner excused from production except for MFI10 already produced in redacted form.

Orders

  • ['An order is made pursuant to ss.130(1) and 131A Evidence Act 1995 excusing the New South Wales Commissioner of Police from producing documents in response to the subpoena issued on behalf of the Accused on 12 November 2021 on the basis of public interest immunity.' 'MFI10 has been produced, but the claim is upheld...