R v Qaumi & Ors (No 13) [2016] NSWSC 337

R v Qaumi & Ors (No 13) [2016] NSWSC 337

The affidavit material and material from the lengthy pre-trial hearing satisfied the Court that orders protecting Witness M's identity were necessary to protect her safety, prevent prejudice to the proper administration of justice, and were otherwise necessary in the public interest. However, the Court was not satisfied on the evidence then before it that the Court should be closed during the trial evidence of Witness M, so that issue was deferred, while limited restrictions on cross-examination were warranted to avoid disclosure of the whereabouts of the witness or her family.

Jurisdiction
Australia
Judgment Date
30 March 2016
Procedural Posture
Criminal Procedural Ruling / Notice of Motion for Pseudonym, Suppression and Non Publication Orders, Restriction on Cross Examination, and Court Closure
Outcome
Orders made on 7 March 2016 varied to include Witness M; decision as to closure of the Court during the trial proper deferred.
Legal Topics
['informant Witnesses' 'suppression and Non Publication Orders' 'pseudonym Orders' 'court Closure' 'restriction on Cross Examination' 'witness Safety']
['criminal Law' 'court Suppression and Non Publication Orders'] ['informant Witnesses' 'suppression and Non Publication Orders' 'pseudonym Orders' 'court Closure' 'restriction on Cross Examination' 'witness Safety']

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Procedural Posture

Criminal Procedural Ruling / Notice of Motion for Pseudonym, Suppression and Non Publication Orders, Restriction on Cross Examination, and Court Closure

Legal Issues

  1. 1 ['Whether the existing pseudonym, suppression and non-publication orders should be varied to include Witness M.' 'Whether orders were necessary to protect the safety of Witness M and prevent prejudice to the proper administration of justice.' "Whether the courtroom should be closed during Witness M's evidence." 'Whether cross-examination of Witness M should be restricted to avoid disclosure of the whereabouts of the witness or her family.']

Ratio Decidendi

The affidavit material and material from the lengthy pre-trial hearing satisfied the Court that orders protecting Witness M's identity were necessary to protect her safety, prevent prejudice to the proper administration of justice, and were otherwise necessary in the public interest. However, the Court was not satisfied on the evidence then before it that the Court should be closed during the trial evidence of Witness M, so that issue was deferred, while limited restrictions on cross-examination were warranted to avoid disclosure of the whereabouts of the witness or her family.

Court Disposition

Orders made on 7 March 2016 varied to include Witness M; decision as to closure of the Court during the trial proper deferred.

Orders

  • ['In order 1, the letter "L" should be amended to read "M" in the fourth line of the orders as published in the judgment.' 'At the end of order 1, there will be a new subparagraph (m) and then the words "witness M – [redacted]".' 'In order 11, reference to "witnesses A to L" on three occasions will be amended to...