R v Hawi & ors (No 9) [2011] NSWSC 1655

R v Hawi & ors (No 9) [2011] NSWSC 1655

Pseudonym orders were granted for five witnesses found to be particularly vulnerable due to personal circumstances supported by confidential affidavit evidence; for other witnesses, the public interest in open justice and fair trial was not outweighed by general witness concerns.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 May 2011
Procedural Posture
Criminal / Procedural Ruling on Application for Pseudonym Orders for Witnesses
Outcome
Application granted in part
Legal Topics
['witness Protection' 'pseudonym Orders' 'open Justice' 'public Interest Immunity']
['criminal Law' 'procedure'] ['witness Protection' 'pseudonym Orders' 'open Justice' 'public Interest Immunity']

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Procedural Posture

Criminal / Procedural Ruling on Application for Pseudonym Orders for Witnesses

Legal Issues

  1. 1 ['Whether pseudonym orders should be made for certain civilian eye-witnesses in a criminal trial' 'Balancing open justice and fair trial principles against witness protection and public interest considerations']

Ratio Decidendi

Pseudonym orders were granted for five witnesses found to be particularly vulnerable due to personal circumstances supported by confidential affidavit evidence; for other witnesses, the public interest in open justice and fair trial was not outweighed by general witness concerns.

Court Disposition

Application granted in part

Orders

  • ['Application granted in respect of witnesses identified by numbers 98, 99, 132, 245, and 247; refused for others.' 'No publication of evidence, submissions, or references relating to the application.' 'True names of ordered witnesses not to be adduced or disclosed.' 'Witnesses to give evidence under pseudonyms.'...