R v Popovic; R v Koloamatangi (No 1) [2017] NSWSC 1017

R v Popovic; R v Koloamatangi (No 1) [2017] NSWSC 1017

Having weighed the risk of harm to the two informer witnesses against the public interest in open justice and a fair trial for the accused, the Court is satisfied, on confidential affidavit evidence of police risk assessment, that it is necessary to suppress their identities, use pseudonyms, close the court during...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Criminal / Interlocutory Application Regarding Suppression, Closed Court and Pseudonym Orders Prior to Retrial
Outcome
Suppression, pseudonym, closed court, and cross-examination restriction orders granted.
Legal Topics
['suppression Orders' 'closed Court' 'pseudonym Orders' 'witness Protection' 'open Justice']
['criminal Law' 'procedure'] ['suppression Orders' 'closed Court' 'pseudonym Orders' 'witness Protection' 'open Justice']

Source-derived case record

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Procedural Posture

Criminal / Interlocutory Application Regarding Suppression, Closed Court and Pseudonym Orders Prior to Retrial

Legal Issues

  1. 1 ['Whether the identities of two Crown informer witnesses should be subject to suppression and pseudonym orders and the court closed during their evidence to protect their safety and ensure the proper administration of justice.' 'Whether cross-examination regarding witness security measures should be restricted.']

Ratio Decidendi

Having weighed the risk of harm to the two informer witnesses against the public interest in open justice and a fair trial for the accused, the Court is satisfied, on confidential affidavit evidence of police risk assessment, that it is necessary to suppress their identities, use pseudonyms, close the court during their testimony, and restrict cross-examination on security, in order to protect their safety, encourage future informers, and maintain the proper administration of justice. The existence of some public information does not render such orders futile.

Court Disposition

Suppression, pseudonym, closed court, and cross-examination restriction orders granted.

Orders

  • ['Suppression of true identities of the two Crown witnesses (Witness C and Witness D) until further order; suppression of any identifying information about them, Australia-wide.' 'Any visual or identifying description of Witnesses C and D to be permanently suppressed except as necessary for proceedings.' 'The Court...