R v Gatt (No 5) [2018] NSWSC 447

R v Gatt (No 5) [2018] NSWSC 447

It would not be consistent with the proper administration of justice to grant access to the CCTV footage, as doing so could prejudice the jury, compromise the fairness of the trial, and cause unnecessary distress to family members. Media can still report on the contents depicted without direct access.

Parties
Crown: Regina; Accused: Joseph Gatt
Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Application for media access to CCTV footage refused.
Legal Topics
Practice and Procedure, Media Access, Open Justice, Jury Prejudice, Fair Reporting
Criminal Law Practice and Procedure Media Access Open Justice Jury Prejudice Fair Reporting

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Parties

Regina

Crown

Joseph Gatt

Accused

Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 Whether media should be granted access to copy CCTV footage (Exhibit 34) shown in court during ongoing criminal trial

Ratio Decidendi

It would not be consistent with the proper administration of justice to grant access to the CCTV footage, as doing so could prejudice the jury, compromise the fairness of the trial, and cause unnecessary distress to family members. Media can still report on the contents depicted without direct access.

Court Disposition

Application for media access to CCTV footage refused.

Orders

  • Access to Exhibit 34 (CCTV footage) is not granted.