R v Fesus (No. 8) [2017] NSWSC 1423

R v Fesus (No. 8) [2017] NSWSC 1423

Media were granted access to a summary document prepared by the Court that included limited extracts from the covert conversation and contextual explanation, but access to full or redacted electronic recordings and transcripts related to the covert operation was denied to uphold non-publication orders and protect the integrity of covert methodologies and officer identities, balancing open justice with necessary restrictions.

Parties
Crown: Regina; Accused: Steve Frank Fesus; Other: Commissioner of Police
Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Criminal / Procedural Ruling on Media Access to Trial Exhibits During Murder Trial
Outcome
Media granted access only to a summary document with extracts; applications for access to other exhibits, including covert operation evidence, denied.
Legal Topics
Media Access During Criminal Trial, Non Publication Orders, Evidence Management, Open Justice Principle
Criminal Law Media Access During Criminal Trial Non Publication Orders Evidence Management Open Justice Principle

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Parties

Regina

Crown

Steve Frank Fesus

Accused

Commissioner of Police

Other

Procedural Posture

Criminal / Procedural Ruling on Media Access to Trial Exhibits During Murder Trial

Legal Issues

  1. 1 Whether media should be granted access to trial exhibits including electronic recordings and transcripts during a murder trial.
  2. 2 How non-publication orders and public interest immunity affect media access to evidence, particularly from covert police operations.

Ratio Decidendi

Media were granted access to a summary document prepared by the Court that included limited extracts from the covert conversation and contextual explanation, but access to full or redacted electronic recordings and transcripts related to the covert operation was denied to uphold non-publication orders and protect the integrity of covert methodologies and officer identities, balancing open justice with necessary restrictions.

Court Disposition

Media granted access only to a summary document with extracts; applications for access to other exhibits, including covert operation evidence, denied.

Orders

  • Access granted to the media to Court-prepared summary (MFI125) of the covert operation conversation, with general contextual explanation.
  • Media applications for access to full or redacted recordings and transcripts related to the covert police operation (Exhibits BU, BV, BW, BX, MFI118, MFI119, MFI122) refused.