Regina (C'Wealth) v Baladjam & Ors [No 44] [2008] NSWSC 1463

Regina (C'Wealth) v Baladjam & Ors [No 44] [2008] NSWSC 1463

The script for the proposed Channel 7 news item contained serious and egregious distortions of the Crown case, including passages that were not the Crown case at all or were considerably distorted. Because the trial was only a few weeks from jury empanelment, the item was capable of substantially prejudicing potential jurors and trial directions would not be sufficient to remove the prejudice. A temporary restraining order was therefore warranted until further order.

Jurisdiction
Australia
Judgment Date
08 September 2008
Procedural Posture
Criminal Proceeding; Injunction Application to Restrain Threatened Contempt of Court / Urgent Hearing of a Notice of Motion Not Yet Filed Seeking an Interim Restraint on Channel 7 Broadcasting a News Item Before Jury Empanelment
Outcome
Temporary restraining order granted; motion stood over; liberty to apply; costs reserved.
Legal Topics
['threatened Contempt by Publication' 'fair Trial' 'freedom of Expression' 'prejudicial Media Broadcast' 'jury Prejudice' 'interim Restraint']
['criminal Law' 'contempt of Court' 'media Law' 'injunctions'] ['threatened Contempt by Publication' 'fair Trial' 'freedom of Expression' 'prejudicial Media Broadcast' 'jury Prejudice' 'interim Restraint']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceeding; Injunction Application to Restrain Threatened Contempt of Court / Urgent Hearing of a Notice of Motion Not Yet Filed Seeking an Interim Restraint on Channel 7 Broadcasting a News Item Before Jury Empanelment

Legal Issues

  1. 1 ['Whether Channel 7 should be restrained from broadcasting a news item concerning the accused pending further order.' 'Whether the proposed broadcast had a real and definite tendency, or would comprise a real and substantial prejudice, to the administration of justice in the pending criminal trial.' 'Whether the risk of prejudice to potential jurors could be cured by trial directions given the proximity of jury empanelment.']

Ratio Decidendi

The script for the proposed Channel 7 news item contained serious and egregious distortions of the Crown case, including passages that were not the Crown case at all or were considerably distorted. Because the trial was only a few weeks from jury empanelment, the item was capable of substantially prejudicing potential jurors and trial directions would not be sufficient to remove the prejudice. A temporary restraining order was therefore warranted until further order.

Court Disposition

Temporary restraining order granted; motion stood over; liberty to apply; costs reserved.

Orders

  • ['An order that until further order Channel 7 be restrained from broadcasting the news item concerning the accused advertised by Channel 7 on Sunday 7 September 2008 as being a news item that would be broadcast on channel 7 evening news bulletin on Monday, 8 September 2008 at 6pm.' 'Stand over until 11.30am on...