R v Ronald Edward Medich (No. 28) [2018] NSWSC 87

R v Ronald Edward Medich (No. 28) [2018] NSWSC 87

The application was refused because the proximity to Gattellari's trial was not such as to make the order necessary to prevent prejudice; any prejudice was speculative, sufficient time would elapse for the fade factor to operate, jurors can be relied upon to follow directions, and suggested divergence in evidence was speculative. Accordingly, the necessity for a non-publication order was not established.

Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Criminal / Application for Non Publication Order—ruling
Outcome
Application for non-publication order dismissed; interim order vacated.
Legal Topics
['non Publication Orders' 'suppression Orders' 'open Justice' 'prejudice to Administration of Justice']
['criminal Law' 'procedure'] ['non Publication Orders' 'suppression Orders' 'open Justice' 'prejudice to Administration of Justice']

Case Brief

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Procedural Posture

Criminal / Application for Non Publication Order—ruling

Legal Issues

  1. 1 ['Whether a non-publication order should be made to prevent prejudice to the proper administration of justice concerning evidence to be given by a witness who is to stand trial on related charges']

Ratio Decidendi

The application was refused because the proximity to Gattellari's trial was not such as to make the order necessary to prevent prejudice; any prejudice was speculative, sufficient time would elapse for the fade factor to operate, jurors can be relied upon to follow directions, and suggested divergence in evidence was speculative. Accordingly, the necessity for a non-publication order was not established.

Court Disposition

Application for non-publication order dismissed; interim order vacated.

Orders

  • ['I vacate the interim non-publication order which was made on 8 February 2018.' 'I dismiss the application.']