R v Jaghbir (No 1) [2020] NSWSC 762

R v Jaghbir (No 1) [2020] NSWSC 762

Applying the statutory test under s 45(5) of the Crime Commission Act 2012 (NSW), the Court found that the interests of justice required the release of specified, redacted portions of the Crime Commission transcripts relating to Witness 1 and Witness 2 to the legal representatives of the Crown, the accused, and Witness 2's counsel, on the basis that the material may be germane or significant to trial issues and that sufficient justification for release was established. The release is subject to safeguards as to access, use, and non-dissemination.

Parties
Prosecution: Crown; Accused: Ahmed Jaghbir; Interested Party: New South Wales Crime Commission; Interested Party: Witness 2
Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Criminal Procedure / Interlocutory Application on Release of Evidence Under S 45(5) Crime Commission Act 2012 (nsw)
Outcome
Certain portions of redacted Crime Commission transcripts to be released to specified legal representatives subject to safeguards; orders made to that effect.
Legal Topics
Release of Crime Commission Evidence, Interests of Justice, Non Publication Orders, Basha Enquiries, Procedural Rulings
Criminal Law Criminal Procedure Release of Crime Commission Evidence Interests of Justice Non Publication Orders Basha Enquiries Procedural Rulings

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Parties

Crown

Prosecution

Ahmed Jaghbir

Accused

New South Wales Crime Commission

Interested Party

Witness 2

Interested Party

Procedural Posture

Criminal Procedure / Interlocutory Application on Release of Evidence Under S 45(5) Crime Commission Act 2012 (nsw)

Legal Issues

  1. 1 Whether evidence given before the New South Wales Crime Commission should be released to the parties pursuant to s 45(5) Crime Commission Act 2012 (NSW)
  2. 2 Whether interests of justice require release of such evidence

Ratio Decidendi

Applying the statutory test under s 45(5) of the Crime Commission Act 2012 (NSW), the Court found that the interests of justice required the release of specified, redacted portions of the Crime Commission transcripts relating to Witness 1 and Witness 2 to the legal representatives of the Crown, the accused, and Witness 2's counsel, on the basis that the material may be germane or significant to trial issues and that sufficient justification for release was established. The release is subject to safeguards as to access, use, and non-dissemination.

Court Disposition

Certain portions of redacted Crime Commission transcripts to be released to specified legal representatives subject to safeguards; orders made to that effect.

Orders

  • Certain evidence given on 12 July 2017 and 18 October 2017 (Witness 1) and 24 May 2018 (Witness 2) to the New South Wales Crime Commission to be made available to specified legal representatives, subject to detailed conditions on access and use as set out in orders 1-9.
  • New South Wales Crime Commission to produce specified transcript portions and redacted transcripts to Court by 15 June 2020.