R v Ronald Edward Medich (No. 12) [2017] NSWSC 60

It is in the interests of justice, given the seriousness of the charges and the accused's right to a fair trial, that Gattellari be compelled to give evidence regarding the recent charges during cross-examination, with the benefit of a certificate under s. 128 of the Evidence Act. A non-publication order is not justified in the circumstances, given the principle of open justice.

Jurisdiction: Australia
Judgment Date: 09 February 2017
Procedural Posture: Criminal / Procedural Ruling During Trial
Outcome: Witness Gattellari is compelled to answer the questions, with the benefit of a certificate under s. 128 of the Evidence Act; application for interim non-publication order is refused.
Legal Topics: ['procedure' 'compellability of Witness' 'cross Examination' 'non Publication Order' 'right to Fair Trial']

['criminal Law'] ['procedure' 'compellability of Witness' 'cross Examination' 'non Publication Order' 'right to Fair Trial']

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

1 ['Whether the witness Gattellari should be compelled to give evidence in cross-examination relating to recent charges against him' 'Whether a non-publication order should be made for the evidence given']

Ratio Decidendi

Court Disposition

Witness Gattellari is compelled to answer the questions, with the benefit of a certificate under s. 128 of the Evidence Act; application for interim non-publication order is refused.

Orders

['Gattellari is compelled to give evidence on cross-examination under s. 128 of the Evidence Act' 'No non-publication order to be made']