R v Rajapakse (No 2) [2024] NSWSC 1227

R v Rajapakse (No 2) [2024] NSWSC 1227

Given the ongoing risk of intimidation and interference with witnesses, as established by past and likely recent conduct of Mr Rajapakse Snr, and prioritising the administration of justice and fairness of the trial over personal considerations, the application to discharge the exclusion order is refused.

Parties
Respondent: Rex (Crown); Applicant: Tony Rajapakse
Jurisdiction
Australia
Judgment Date
10 September 2024
Procedural Posture
Criminal Procedure / Application to Discharge Prior Exclusion Order Ruling
Outcome
Application refused; orders for non-publication and exclusion continued until verdict.
Legal Topics
Witness Intimidation, Fair Trial, Exclusion Orders, Court Suppression Orders
Criminal Law Criminal Procedure Witness Intimidation Fair Trial Exclusion Orders Court Suppression Orders

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Parties

Rex (Crown)

Respondent

Tony Rajapakse

Applicant

Procedural Posture

Criminal Procedure / Application to Discharge Prior Exclusion Order Ruling

Legal Issues

  1. 1 Whether the order excluding Tony Rajapakse from the court and court precincts until verdict should be discharged
  2. 2 Whether there remains a risk to the administration of justice and fairness of the trial if the order is lifted

Ratio Decidendi

Given the ongoing risk of intimidation and interference with witnesses, as established by past and likely recent conduct of Mr Rajapakse Snr, and prioritising the administration of justice and fairness of the trial over personal considerations, the application to discharge the exclusion order is refused.

Court Disposition

Application refused; orders for non-publication and exclusion continued until verdict.

Orders

  • The application of Tony Rajapakse to discharge the order made by McNaughton J on 2 August 2023 is refused.
  • Pursuant to ss 7 and 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), there be a non-publication order prohibiting the publication or other disclosure of the information that comprises the fact of the application being made, the evidence and submissions given on the current application as...