R v Abdallah (No. 3) [2015] NSWSC 121

R v Abdallah (No. 3) [2015] NSWSC 121

Although the material had been played in open court and open justice favoured reporting of proceedings, access should be declined because release of the CCTV footage and audio recording would place the public in a substantially different position from courtroom observers by enabling internet capture and replay, would tend to distort fair reporting by giving undue significance to graphic excerpts rather than the whole evidence, and would be inimical to the proper administration of justice by encouraging quick, ill-informed judgments that could pressure jurors. The private residential source of the footage, its sensitive and graphic content, and the likely aggravation of the deceased...

Jurisdiction
Australia
Judgment Date
25 February 2015
Procedural Posture
Criminal Proceeding; Application by Media for Access to CCTV Footage and Audio Recording Tendered in Evidence and Played in Open Court / Procedural Ruling After Jury Verdicts in Trial
Outcome
Access to the CCTV footage and audio recording sought by the Media was declined; the non-publication order made on 20 February 2015 in relation to the application was vacated.
Legal Topics
['media Access to Evidence' 'open Justice' 'non Publication Orders' 'administration of Justice' 'jury Trial' 'sensitive Evidence' 'privacy and Dignity of Deceased and Family']
['criminal Law' 'criminal Procedure'] ['media Access to Evidence' 'open Justice' 'non Publication Orders' 'administration of Justice' 'jury Trial' 'sensitive Evidence' 'privacy and Dignity of Deceased and Family']

Case Brief

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Procedural Posture

Criminal Proceeding; Application by Media for Access to CCTV Footage and Audio Recording Tendered in Evidence and Played in Open Court / Procedural Ruling After Jury Verdicts in Trial

Legal Issues

  1. 1 ['Whether media applicants should be granted access to CCTV footage and an audio recording of a Triple-0 call tendered in evidence and played in open court during a criminal jury trial.' "Whether the interests of open justice and fair reporting outweighed risks to the administration of justice, potential prejudice to jury members, the sensitive nature of the material, privacy concerns arising from footage taken in a private residence, and the interests of the deceased's family." 'Whether the non-publication order made on 20 February 2015 in relation to the application should remain in place.']

Ratio Decidendi

Although the material had been played in open court and open justice favoured reporting of proceedings, access should be declined because release of the CCTV footage and audio recording would place the public in a substantially different position from courtroom observers by enabling internet capture and replay, would tend to distort fair reporting by giving undue significance to graphic excerpts rather than the whole evidence, and would be inimical to the proper administration of justice by encouraging quick, ill-informed judgments that could pressure jurors. The private residential source of the footage, its sensitive and graphic content, and the likely aggravation of the deceased...

Court Disposition

Access to the CCTV footage and audio recording sought by the Media was declined; the non-publication order made on 20 February 2015 in relation to the application was vacated.

Orders

  • ['Decline access to CCTV footage and audio recording of Triple-0 call sought by media outlets.' 'Vacate non-publication order made on 20 February 2015 in relation to this application.']