R v Abdaly; R v Hosseinishoja (No 5) [2022] NSWSC 1657

R v Abdaly; R v Hosseinishoja (No 5) [2022] NSWSC 1657

A non-publication order is necessary to prevent prejudice to the proper administration of justice in several ongoing and forthcoming trials involving the same or related accused, given the likelihood of further sensational publicity and the old age of the cases; however, the scope and duration of such order must be confined to the minimum necessary—relating only to names and nick-names of specified individuals as to their involvement in the relevant killing/trial, and expiring at the conclusion of the criminal group trial or upon an order for a judge-alone trial, whichever is sooner.

Jurisdiction
Australia
Judgment Date
06 December 2022
Procedural Posture
Criminal / Application/final Orders on Non Publication
Outcome
Non-publication order made as specified; interim orders revoked.
Legal Topics
['non Publication Orders' 'open Justice' 'fair Trial' 'suppression Orders' 'media Reporting']
['criminal Law'] ['non Publication Orders' 'open Justice' 'fair Trial' 'suppression Orders' 'media Reporting']

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Procedural Posture

Criminal / Application/final Orders on Non Publication

Legal Issues

  1. 1 ['Whether non-publication orders should be made to protect the integrity of upcoming criminal trials involving related accused.' 'Whether such orders are necessary to prevent prejudice to the administration of justice.']

Ratio Decidendi

A non-publication order is necessary to prevent prejudice to the proper administration of justice in several ongoing and forthcoming trials involving the same or related accused, given the likelihood of further sensational publicity and the old age of the cases; however, the scope and duration of such order must be confined to the minimum necessary—relating only to names and nick-names of specified individuals as to their involvement in the relevant killing/trial, and expiring at the conclusion of the criminal group trial or upon an order for a judge-alone trial, whichever is sooner.

Court Disposition

Non-publication order made as specified; interim orders revoked.

Orders

  • ['Revoke the interim non-publication orders made on 9 November 2022 and varied on 18 November 2022.' 'Pursuant to section 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), a non-publication order is made over the names and nick-names of Abuzar Sultani, Sayed Abdaly, Seyed Hosseinishoja, Mirwais...