R v Ngo, R v Dao, R v Dinh [2000] NSWSC 976

R v Ngo, R v Dao, R v Dinh [2000] NSWSC 976

Given the exceptional nature of this case—a murder of a Member of Parliament, two prior inconclusive trials, extraordinary publicity, and risk of prejudicing the third trial—the court has both the power and justification to make a non-publication order on affidavit contents and today's proceedings to protect the integrity of the upcoming trial.

Jurisdiction
Australia
Judgment Date
07 September 2000
Procedural Posture
Criminal / Interlocutory Application Prior to Third Trial
Outcome
Application granted
Legal Topics
['suppression Orders' 'open Justice' 'jury Integrity' 'murder Trial' 'non Publication Orders']
['criminal Law' 'procedure'] ['suppression Orders' 'open Justice' 'jury Integrity' 'murder Trial' 'non Publication Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Interlocutory Application Prior to Third Trial

Legal Issues

  1. 1 ['Whether the court has power to make a non-publication order in the absence of an order to sit in camera' 'Whether the circumstances justify restriction on publication of affidavit contents regarding jury conduct in previous trial' 'Balance between open justice and risk to fair trial']

Ratio Decidendi

Given the exceptional nature of this case—a murder of a Member of Parliament, two prior inconclusive trials, extraordinary publicity, and risk of prejudicing the third trial—the court has both the power and justification to make a non-publication order on affidavit contents and today's proceedings to protect the integrity of the upcoming trial.

Court Disposition

Application granted

Orders

  • ['That up to and including 3 October 2000 there be no publication of the contents of pars 12 to 22 of the affidavit of Det Nick Kaldas sworn 23 August 2000 (excluding use by legal representatives of the accused or Crown for the 3 October hearing).' 'That there be no publication of the contents of any conversations...