R v BB (No 3) [2019] NSWSC 1391

R v BB (No 3) [2019] NSWSC 1391

The identity of witness MP's employer should be suppressed because publication could embarrass and prejudice the witness in a confined industry due to knowledge of possible Australian Federal Police interest in him as a witness, and the public interest in avoiding prejudice to witnesses and encouraging witnesses to give evidence significantly outweighed the public interest in open justice.

Jurisdiction
Australia
Judgment Date
05 September 2019
Procedural Posture
Common Law Criminal / Procedural Ruling on Suppression Order
Outcome
Suppression order made.
Legal Topics
['suppression Orders' 'non Publication Orders' 'open Justice' 'witness Protection']
['criminal Law'] ['suppression Orders' 'non Publication Orders' 'open Justice' 'witness Protection']

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Procedural Posture

Common Law Criminal / Procedural Ruling on Suppression Order

Legal Issues

  1. 1 ['Whether the identity of the employer of witness MP should be suppressed under the Court Suppression and Non-publication Orders Act 2010 (NSW).' 'Whether the public interest in protecting a witness from embarrassment or prejudice to employment interests outweighed the public interest in open justice.']

Ratio Decidendi

The identity of witness MP's employer should be suppressed because publication could embarrass and prejudice the witness in a confined industry due to knowledge of possible Australian Federal Police interest in him as a witness, and the public interest in avoiding prejudice to witnesses and encouraging witnesses to give evidence significantly outweighed the public interest in open justice.

Court Disposition

Suppression order made.

Orders

  • ['That the identity of the employer of the witness now before the Court, MP, be suppressed and nothing be published which would identify or tend to identify the name or identity of the said employer.']