Commissioner of Police V Hawi and Ors [2010] NSWLC 30

Commissioner of Police V Hawi and Ors [2010] NSWLC 30

The public interest in protecting the safety and confidentiality of the civilian witnesses, as 'mere chance observers' who are unknown to the accused, outweighs any prejudice to the accused and supports the making of non-disclosure and pseudonym orders under s 130 of the Evidence Act 1995 and at common law, especially in the context of committal proceedings where the identity of witnesses has no material bearing on a fair hearing.

Jurisdiction
Australia
Judgment Date
09 July 2010
Procedural Posture
Criminal Committal Proceedings / Interlocutory Judgment on Public Interest Immunity Application
Outcome
Application granted
Legal Topics
['committal Proceedings' 'public Interest Immunity' 'non Disclosure Orders' 'non Publication Orders' 'pseudonym Orders' 'witness Protection']
['criminal Law'] ['committal Proceedings' 'public Interest Immunity' 'non Disclosure Orders' 'non Publication Orders' 'pseudonym Orders' 'witness Protection']

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Procedural Posture

Criminal Committal Proceedings / Interlocutory Judgment on Public Interest Immunity Application

Legal Issues

  1. 1 ['Whether non-disclosure and pseudonym orders should be made for civilian witnesses in committal proceedings' "Whether public interest in protecting witnesses' identity outweighs the interests of open justice and the accused's right to a fair hearing"]

Ratio Decidendi

The public interest in protecting the safety and confidentiality of the civilian witnesses, as 'mere chance observers' who are unknown to the accused, outweighs any prejudice to the accused and supports the making of non-disclosure and pseudonym orders under s 130 of the Evidence Act 1995 and at common law, especially in the context of committal proceedings where the identity of witnesses has no material bearing on a fair hearing.

Court Disposition

Application granted

Orders

  • ['The names of specified witnesses are not to be adduced in evidence or otherwise disclosed in the proceedings.' 'Additional civilian witness names listed in annexure are not to be adduced or disclosed.' 'All affected witnesses to be addressed and referred to in court only by pseudonym.' 'No publication of any...