R v Katherine Abdallah (No 7) [2018] NSWSC 752

R v Katherine Abdallah (No 7) [2018] NSWSC 752

Because the CCTV footage and Triple-0 call material were sensitive, depicted the last moments and aftermath of the deceased's life, and publication had caused distress and concern to Ms Sarkis' family, it was necessary in the public interest to prohibit further publication and broadcast. That public interest significantly outweighed the public interest in open justice, and s 9(3) permitted the order to be made after the proceedings had concluded.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Criminal Procedure Suppression Order / On the Papers After Sentencing and After Proceedings Had Concluded
Outcome
Suppression and non-publication orders made until further order of the Court.
Legal Topics
['suppression and Non Publication Orders' 'cctv Footage' 'triple 0 Call Recordings' 'open Justice' "interests of the Deceased's Family"]
['criminal Law' 'criminal Procedure'] ['suppression and Non Publication Orders' 'cctv Footage' 'triple 0 Call Recordings' 'open Justice' "interests of the Deceased's Family"]

Case Brief

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Procedural Posture

Criminal Procedure Suppression Order / On the Papers After Sentencing and After Proceedings Had Concluded

Legal Issues

  1. 1 ['Whether a non-publication order should be made prohibiting publication, broadcast, streaming, display or transmission of CCTV footage showing the altercation and aftermath between Katherine Abdallah and Suzie Sarkis.' 'Whether a non-publication order should be made prohibiting publication, broadcast or transmission of the Triple-0 call recording tendered and played in open court.' 'Whether the public interest in protecting the family of the deceased from further grief and distress significantly outweighed the public interest in open justice.' 'Whether the Court could make a suppression or non-publication order after proceedings had concluded.']

Ratio Decidendi

Because the CCTV footage and Triple-0 call material were sensitive, depicted the last moments and aftermath of the deceased's life, and publication had caused distress and concern to Ms Sarkis' family, it was necessary in the public interest to prohibit further publication and broadcast. That public interest significantly outweighed the public interest in open justice, and s 9(3) permitted the order to be made after the proceedings had concluded.

Court Disposition

Suppression and non-publication orders made until further order of the Court.

Orders

  • ['Order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010, prohibiting the publication, broadcast, streaming or display of any moving or still images copied from or comprising CCTV footage that show the altercation and aftermath or any part of it between Katherine Abdallah and Suzie Sarkis...