R v Hawi & ors (No 6) [2011] NSWSC 1652

R v Hawi & ors (No 6) [2011] NSWSC 1652

Non-publication orders should be made only to the limited extent necessary to prevent prejudice to the trial or to ensure the safety of witnesses. The court was not persuaded that orders broadly prohibiting publication of descriptions of accused or participants were justified, given the public interest in open justice and the safeguards already in place such as witness statements and the potential to challenge evidence influenced by media reporting.

Jurisdiction
Australia
Judgment Date
19 May 2011
Procedural Posture
Criminal / Suppression/non Publication Order Ruling
Outcome
Non-publication orders made in part
Legal Topics
['suppression Orders' 'non Publication Orders' 'open Justice' 'witness Evidence' 'media Reporting']
['criminal Procedure'] ['suppression Orders' 'non Publication Orders' 'open Justice' 'witness Evidence' 'media Reporting']

Case Brief

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Procedural Posture

Criminal / Suppression/non Publication Order Ruling

Legal Issues

  1. 1 ['Whether non-publication orders should be made regarding evidence and witnesses to prevent contamination and ensure a fair trial' 'Extent to which open justice allows/publication of witness descriptions and images of accused']

Ratio Decidendi

Non-publication orders should be made only to the limited extent necessary to prevent prejudice to the trial or to ensure the safety of witnesses. The court was not persuaded that orders broadly prohibiting publication of descriptions of accused or participants were justified, given the public interest in open justice and the safeguards already in place such as witness statements and the potential to challenge evidence influenced by media reporting.

Court Disposition

Non-publication orders made in part

Orders

  • ['No publication until further order of: (1) Evidence of photographs, images, caricatures or other depictions of the accused; (2) The names of the witnesses known as SP and AL and of members of their families.']