R v Ronald Edward Medich (No. 11) [2017] NSWSC 43

R v Ronald Edward Medich (No. 11) [2017] NSWSC 43

The non-publication order was not necessary to prevent prejudice to the proper administration of justice. Gattellari's future trial was unlikely to occur for approximately two years, so any prejudicial effect of publication would likely fade; any remaining internet publication could be addressed by jury directions and possible further orders at that trial; jurors are assumed to follow their oath or affirmation and judicial directions; and the s. 128 certificate would prevent the evidence being used against Gattellari, with any attempted derivative use by jurors being inconsistent with their oath and addressed by directions.

Jurisdiction
Australia
Judgment Date
07 February 2017
Procedural Posture
Criminal Procedural Ruling on Application for Non Publication Order / During the Accused's Murder Trial, After Cross Examination of Crown Witness Fortunato Gattellari Commenced
Outcome
Interim non-publication order discharged.
Legal Topics
['open Justice' 'non Publication Order' 'prejudice to the Proper Administration of Justice' 'section 128 Certificate' 'witness Cross Examination' 'fair Trial']
['criminal Law' 'evidence' 'court Suppression and Non Publication Orders'] ['open Justice' 'non Publication Order' 'prejudice to the Proper Administration of Justice' 'section 128 Certificate' 'witness Cross Examination' 'fair Trial']

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Procedural Posture

Criminal Procedural Ruling on Application for Non Publication Order / During the Accused's Murder Trial, After Cross Examination of Crown Witness Fortunato Gattellari Commenced

Legal Issues

  1. 1 ['Whether a non-publication order preventing publication of evidence given in cross-examination by Gattellari about his recent conspiracy charges was necessary to prevent prejudice to the proper administration of justice.' 'Whether publication of the evidence would undermine the protection afforded by a certificate to be issued under s. 128 of the Evidence Act 1995 (NSW).' "Whether possible prejudice to Gattellari's future trial could be addressed by lapse of time, jury directions, the jurors' oath or affirmation, and other orders at that trial."]

Ratio Decidendi

The non-publication order was not necessary to prevent prejudice to the proper administration of justice. Gattellari's future trial was unlikely to occur for approximately two years, so any prejudicial effect of publication would likely fade; any remaining internet publication could be addressed by jury directions and possible further orders at that trial; jurors are assumed to follow their oath or affirmation and judicial directions; and the s. 128 certificate would prevent the evidence being used against Gattellari, with any attempted derivative use by jurors being inconsistent with their oath and addressed by directions.

Court Disposition

Interim non-publication order discharged.

Orders

  • ['The order made on 6 February 2017 preventing publication of evidence given in cross-examination by Gattellari is discharged.']