R v Khayat (No 2) [2019] NSWSC 1315

R v Khayat (No 2) [2019] NSWSC 1315

The sensitive information concerned methods for making and using weapons and testing of those weapons, and its disclosure could compromise national security and create a real and substantial risk to public safety by assisting prospective terrorists. Suppression orders were therefore necessary under s 8(1)(b) and s 8(1)(c) of the Court Suppression and Non-publication Orders Act 2010 (NSW). It was also in the interests of Australia's national security under s 93.2 of the Criminal Code Act 1995 (Cth) to exclude the public while the evidence of the three identified witnesses was adduced. Ancillary orders concerning transcripts, exhibits, the court file and publication of the orders were...

Jurisdiction
Australia
Judgment Date
11 March 2019
Procedural Posture
Criminal Proceedings; Notice of Motion for Suppression Orders, Closed Court Orders and Ancillary Protective Orders / Procedural Ruling
Outcome
Orders made in accordance with short minutes of order.
Legal Topics
['suppression of Sensitive Information' 'non Publication Orders' 'closed Court Orders' 'public Safety' 'terrorism Related Charges' 'calculus of Risk Approach']
['criminal Law' 'national Security' 'court Suppression and Non Publication Orders' 'open Justice'] ['suppression of Sensitive Information' 'non Publication Orders' 'closed Court Orders' 'public Safety' 'terrorism Related Charges' 'calculus of Risk Approach']

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Procedural Posture

Criminal Proceedings; Notice of Motion for Suppression Orders, Closed Court Orders and Ancillary Protective Orders / Procedural Ruling

Legal Issues

  1. 1 ['Whether suppression orders were necessary to prevent prejudice to the interests of the Commonwealth in relation to national or international security.' 'Whether suppression orders were necessary to protect the safety of any person.' "Whether members of the public should be excluded from court during the evidence of identified witnesses in the interests of Australia's national security." 'Whether ancillary orders should be made concerning transcripts, exhibits, access to the court file and publication of the orders.']

Ratio Decidendi

The sensitive information concerned methods for making and using weapons and testing of those weapons, and its disclosure could compromise national security and create a real and substantial risk to public safety by assisting prospective terrorists. Suppression orders were therefore necessary under s 8(1)(b) and s 8(1)(c) of the Court Suppression and Non-publication Orders Act 2010 (NSW). It was also in the interests of Australia's national security under s 93.2 of the Criminal Code Act 1995 (Cth) to exclude the public while the evidence of the three identified witnesses was adduced. Ancillary orders concerning transcripts, exhibits, the court file and publication of the orders were...

Court Disposition

Orders made in accordance with short minutes of order.

Orders

  • ['Orders 1-19 made in accordance with the short minutes of order initialled and dated.' 'Suppression orders made in respect of sensitive information concerning the alleged method for making weapons, alleged method for using weapons, and testing of weapons by authorities.' 'Court to be closed for the evidence of Mr...