R v Tangi (No 9) [2020] NSWSC 544

R v Tangi (No 9) [2020] NSWSC 544

The necessity for the evidence of Witness A to be given in closed court, due to issues of safety and justice, outweighs the principle that proceedings should be open to the public; hence, a closed court order and suppression order are granted.

Jurisdiction
Australia
Judgment Date
10 December 2019
Procedural Posture
Criminal / Interlocutory Application
Outcome
Application for suppression order and closed court order granted.
Legal Topics
['suppression Order' 'closed Court Order' 'proceedings Open to Public' 'confidential Affidavit']
['criminal Law' 'practice and Procedure'] ['suppression Order' 'closed Court Order' 'proceedings Open to Public' 'confidential Affidavit']

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Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 ['Whether the court should grant a closed court order for the evidence of Witness A' "Whether a suppression order relating to Witness A's identity should be maintained"]

Ratio Decidendi

The necessity for the evidence of Witness A to be given in closed court, due to issues of safety and justice, outweighs the principle that proceedings should be open to the public; hence, a closed court order and suppression order are granted.

Court Disposition

Application for suppression order and closed court order granted.

Orders

  • ["Court be closed for the duration of Witness A's evidence and for any discussion or submission or tender of any document that identifies or tends to identify Witness A's real identity." 'Parties to refer to Witness A by that pseudonym during the proceedings.']