R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 8) [2019] NSWSC 1915

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 8) [2019] NSWSC 1915

The Court granted a temporary stay as the degree and recentness of prejudicial publicity, which repeatedly linked the accused with high-profile corruption, created an appreciable risk to the fairness of the pending trial that could not be adequately addressed by jury direction. Deferring the trial until February 2020 would provide sufficient distance from the current wave of publicity and reduce the risk to a fair trial.

Parties
Prosecution: The Crown; Accused: Ian Michael Macdonald; Accused: Edward Moses Obeid; Accused: Moses Edward Obeid
Jurisdiction
Australia
Judgment Date
23 September 2019
Procedural Posture
Criminal / Pre Trial Application for Temporary Stay
Outcome
Temporary stay of proceedings granted
Legal Topics
Temporary Stay, Pre Trial Publicity, Right to Fair Trial
Criminal Law Practice and Procedure Temporary Stay Pre Trial Publicity Right to Fair Trial

Case Brief

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Parties

The Crown

Prosecution

Ian Michael Macdonald

Accused

Edward Moses Obeid

Accused

Moses Edward Obeid

Accused

Procedural Posture

Criminal / Pre Trial Application for Temporary Stay

Legal Issues

  1. 1 Whether the accused's right to a fair trial is prejudiced due to intense pre-trial publicity
  2. 2 Whether a temporary stay of proceedings should be granted

Ratio Decidendi

The Court granted a temporary stay as the degree and recentness of prejudicial publicity, which repeatedly linked the accused with high-profile corruption, created an appreciable risk to the fairness of the pending trial that could not be adequately addressed by jury direction. Deferring the trial until February 2020 would provide sufficient distance from the current wave of publicity and reduce the risk to a fair trial.

Court Disposition

Temporary stay of proceedings granted

Orders

  • The notices of motion by Moses Obeid and Edward Obeid (joined by Ian Macdonald) for a temporary stay are granted.
  • The trial date of 30 September 2019 is vacated.