BISSETT v DEPUTY STATE CORONER [2011] NSWSC 1182

BISSETT v DEPUTY STATE CORONER [2011] NSWSC 1182

Although open justice is a primary objective, the proper administration of justice may be prejudiced even before criminal proceedings are instituted. There was a real possibility that the Deputy Coroner would refer the matter to the Director of Public Prosecutions and that the Plaintiff would be charged with a serious criminal offence, and a substantial possibility that records of the interviews would not be admitted in any trial. Publication of the transcripts was unlikely to prejudice the proper administration of justice, but publication of the DVD was significantly more likely to be remembered because of its visual and audio content and was liable to prejudice the proper administration...

Jurisdiction
Australia
Judgment Date
07 October 2011
Procedural Posture
Interlocutory Applications / Summons Seeking Suppression or Non Publication Orders Concerning Publication of a DVD and Transcripts From Coronial Proceedings
Outcome
Injunction revoked; non-publication orders made restraining publication and release of the DVD, while not restraining publication of transcripts of the voices recorded on the DVD.
Legal Topics
['non Publication Order' 'suppression Order' 'open Justice' 'proper Administration of Justice' 'coronial Proceedings' 'potential Criminal Proceedings']
['courts' 'evidence'] ['non Publication Order' 'suppression Order' 'open Justice' 'proper Administration of Justice' 'coronial Proceedings' 'potential Criminal Proceedings']

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Procedural Posture

Interlocutory Applications / Summons Seeking Suppression or Non Publication Orders Concerning Publication of a DVD and Transcripts From Coronial Proceedings

Legal Issues

  1. 1 ['Whether publication of a DVD depicting a walk through interview of the Plaintiff should be restrained by a non-publication order.' "Whether publication of transcripts of the Plaintiff's interviews should be restrained." 'Whether prejudice to the proper administration of justice can justify an order where no criminal proceedings have yet been instituted and it is uncertain whether they will be.' 'Whether an order restraining publication was necessary to prevent prejudice to the proper administration of justice.']

Ratio Decidendi

Although open justice is a primary objective, the proper administration of justice may be prejudiced even before criminal proceedings are instituted. There was a real possibility that the Deputy Coroner would refer the matter to the Director of Public Prosecutions and that the Plaintiff would be charged with a serious criminal offence, and a substantial possibility that records of the interviews would not be admitted in any trial. Publication of the transcripts was unlikely to prejudice the proper administration of justice, but publication of the DVD was significantly more likely to be remembered because of its visual and audio content and was liable to prejudice the proper administration...

Court Disposition

Injunction revoked; non-publication orders made restraining publication and release of the DVD, while not restraining publication of transcripts of the voices recorded on the DVD.

Orders

  • ['I revoke the injunction granted by me in this matter on Tuesday 4 October 2011;' "Upon the ground that this order is necessary to prevent prejudice to the proper administration of justice, I order that, until further order, there be no publication of the DVD depicting a walk through interview of the Plaintiff on...