R v Abdallah (No. 2) [2014] NSWSC 111

R v Abdallah (No. 2) [2014] NSWSC 111

Mr Lewis's asserted lack of memory was prima facie so plainly absurd as to justify charging him with contempt in the face of the court for constructive failure to answer questions. The adjournment was refused because there was no explanation why evidence about Xanax had not been obtained earlier, despite Mr Lewis knowing he would be called. Bail was refused because remand in custody was considered necessary for the protection and welfare of the community and in the interests of the administration of justice, including to cause Mr Lewis to consider purging his apparent contempt. A nonpublication order was necessary to avoid prejudicing the jury panel before trial.

Jurisdiction
Australia
Judgment Date
17 February 2014
Procedural Posture
Criminal Trial; Basha Inquiry; Contempt of Court Arising From Refusal by Witness to Answer Questions / Ex Tempore Judgment During Proceedings Before Jury Empanelment, Charging Witness With Contempt, Refusing Bail, and Making Nonpublication Order
Outcome
Matthew Edward Lewis was charged with contempt, remanded in custody, refused bail, and made subject to a nonpublication order concerning the proceedings insofar as they concerned him.
Legal Topics
['refusal by Witness to Give Evidence' 'constructive Failure to Answer Questions' 'basha Inquiry' 'witness Memory Claim' 'remand in Custody' 'nonpublication Order to Prevent Prejudice to Proper Administration of Justice']
['criminal Law' 'contempt of Court' 'evidence' 'suppression and Nonpublication Orders' 'bail'] ['refusal by Witness to Give Evidence' 'constructive Failure to Answer Questions' 'basha Inquiry' 'witness Memory Claim' 'remand in Custody' 'nonpublication Order to Prevent Prejudice to Proper Administration of Justice']

Case Brief

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Procedural Posture

Criminal Trial; Basha Inquiry; Contempt of Court Arising From Refusal by Witness to Answer Questions / Ex Tempore Judgment During Proceedings Before Jury Empanelment, Charging Witness With Contempt, Refusing Bail, and Making Nonpublication Order

Legal Issues

  1. 1 ['Whether Matthew Edward Lewis\'s repeated answers of "I don\'t remember" were so plainly absurd as to constitute a prima facie constructive refusal to answer questions lawfully required of him.' 'Whether an adjournment should be granted to obtain technical evidence about the effect of Xanax on memory.' 'Whether Matthew Edward Lewis should be granted bail after being charged with contempt.' 'Whether a nonpublication order should be made to prevent prejudice to the proper administration of justice.']

Ratio Decidendi

Mr Lewis's asserted lack of memory was prima facie so plainly absurd as to justify charging him with contempt in the face of the court for constructive failure to answer questions. The adjournment was refused because there was no explanation why evidence about Xanax had not been obtained earlier, despite Mr Lewis knowing he would be called. Bail was refused because remand in custody was considered necessary for the protection and welfare of the community and in the interests of the administration of justice, including to cause Mr Lewis to consider purging his apparent contempt. A nonpublication order was necessary to avoid prejudicing the jury panel before trial.

Court Disposition

Matthew Edward Lewis was charged with contempt, remanded in custody, refused bail, and made subject to a nonpublication order concerning the proceedings insofar as they concerned him.

Orders

  • ['Matthew Edward Lewis, I charge you with being in contempt of the Supreme Court of New South Wales arising out of your wilful refusal to answer questions asked of you in the present proceedings when required to do so. I remand you in custody on a date to be fixed at the conclusion of this trial and I refuse bail.'...