R (Cth) v Alqudsi (No 4) [2022] NSWSC 932

R (Cth) v Alqudsi (No 4) [2022] NSWSC 932

Having regard to the affidavits, the allegations concerning affiliation with an international terrorist organisation, the potential reach of persons who might harm MM, and the possibility that MM's appearance could be circulated, the Court found a real risk with potentially grave consequences including death. Although open justice and the accused's ability to view the evidence were important, the risk to MM was unacceptable. The Court therefore ordered that MM and the ASIO witness be screened from the accused, while counsel, the jury and the judge could see them, and ordered that MM not be notified of the screening order until after his evidence was complete.

Jurisdiction
Australia
Judgment Date
11 July 2022
Procedural Posture
Criminal Procedure; Suppression and Non Publication Orders / Procedural Ruling on Proposed Suppression and Non Publication Orders
Outcome
Screening orders made.
Legal Topics
['suppression and Non Publication Orders' 'open Justice' 'asio Witnesses' 'witness Safety' 'screening of Witnesses' 'unacceptable Risk']
['criminal Procedure' 'national Security'] ['suppression and Non Publication Orders' 'open Justice' 'asio Witnesses' 'witness Safety' 'screening of Witnesses' 'unacceptable Risk']

Case Brief

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Procedural Posture

Criminal Procedure; Suppression and Non Publication Orders / Procedural Ruling on Proposed Suppression and Non Publication Orders

Legal Issues

  1. 1 ['Whether witness MM and an ASIO witness should be screened from the view of the accused.' 'Whether witness MM should be notified of the screening order before giving evidence.']

Ratio Decidendi

Having regard to the affidavits, the allegations concerning affiliation with an international terrorist organisation, the potential reach of persons who might harm MM, and the possibility that MM's appearance could be circulated, the Court found a real risk with potentially grave consequences including death. Although open justice and the accused's ability to view the evidence were important, the risk to MM was unacceptable. The Court therefore ordered that MM and the ASIO witness be screened from the accused, while counsel, the jury and the judge could see them, and ordered that MM not be notified of the screening order until after his evidence was complete.

Court Disposition

Screening orders made.

Orders

  • ['The witness MM and the ASIO witness to be screened from the view of the accused.' 'The witness MM not be notified of the screening order until after the conclusion of his evidence.']