AB (a pseudonym) v CD (a pseudonym) [2018] HCA 58

AB (a pseudonym) v CD (a pseudonym) [2018] HCA 58

The integrity of the criminal justice system and the public interest in disclosure outweigh the public interest in preserving the anonymity of the informer EF. Given that EF's safety and that of her children may be adequately protected by entry into witness protection, special leave to appeal should be revoked and the decision of the Court of Appeal permitted to take effect.

Parties
Appellant: AB (a pseudonym); Appellant: EF (a pseudonym); Respondents: CD (a pseudonym) & Ors; Intervener: Commonwealth Director of Public Prosecutions; Intervener: Victorian Equal Opportunity and Human Rights Commission; Amici Curiae: Amici curiae (W B Zichy-Woinarski QC with J M Davidson)
Jurisdiction
Australia
Judgment Date
05 November 2018
Procedural Posture
Appeal / Revocation of Special Leave to Appeal
Outcome
Special leave to appeal revoked in each matter.
Legal Topics
Prosecution's Duty of Disclosure, Public Interest Immunity, Police Informer Confidentiality, Special Leave to Appeal, Integrity of Criminal Justice System, Witness Protection
Criminal Law Practice and Procedure Prosecution's Duty of Disclosure Public Interest Immunity Police Informer Confidentiality Special Leave to Appeal Integrity of Criminal Justice System Witness Protection

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Parties

AB (a pseudonym)

Appellant

EF (a pseudonym)

Appellant

CD (a pseudonym) & Ors

Respondents

Commonwealth Director of Public Prosecutions

Intervener

Victorian Equal Opportunity and Human Rights Commission

Intervener

Amici curiae (W B Zichy-Woinarski QC with J M Davidson)

Amici Curiae

Procedural Posture

Appeal / Revocation of Special Leave to Appeal

Legal Issues

  1. 1 Whether information provided by legal counsel acting as police informer is subject to public interest immunity and cannot be disclosed to convicted persons.
  2. 2 Whether special leave to appeal to the High Court should be revoked in light of evidence regarding protection for the police informer.

Ratio Decidendi

The integrity of the criminal justice system and the public interest in disclosure outweigh the public interest in preserving the anonymity of the informer EF. Given that EF's safety and that of her children may be adequately protected by entry into witness protection, special leave to appeal should be revoked and the decision of the Court of Appeal permitted to take effect.

Court Disposition

Special leave to appeal revoked in each matter.

Orders

  • Special leave to appeal granted on 9 May 2018 is revoked in each matter.
  • Orders made by Justice Nettle on 21 December 2017 (as varied) and 17 October 2018 are revoked.