R v McCloskey (No 4) [2020] NSWSC 1053

Supreme Court New South Wales

Medium Neutral Citation: R v McCloskey (No 4) [2020] NSWSC 1053 Hearing dates: 3 August 2020 Date of orders: 12 August 2020 Decision date: 12 August 2020 Jurisdiction: Common Law Before: Davies J Decision: Commissioner's application for non-publication orders made 29 July 2020 is refused Catchwords: CRIMINAL PROCEDURE – suppression and non-publication orders – whether orders should be made to protect witnesses Legislation Cited: Court Suppression and Non-Publication Orders Act 2007 (NSW) Cases Cited: Nil Category: Procedural and other rulings Parties: Crown Robert John Stewart McCloskey (Offender) NSW Commissioner of Police (Applicant) Representation: Counsel: S Hughes (Crown) D McMahon (Offender) M Dalla-Pozza (NSW Commissioner of Police)

Solicitors: Office of the Director of Public Prosecutions (Crown) Kapsis Solicitors (Offender) Crown Solicitor's Office (NSW Commissioner of Police) File Number(s): 2017/354632 Publication restriction: Publication of the confidential annexure is restricted to the NSW Commissioner of Police and his legal advisors.

JUDGMENT 1. The New South Wales Commissioner of Police applies under the Court Suppression and Non-Publication Orders Act 2007 (NSW) that there be non-publication orders in relation to the phrase "Afghan boys" or similar references and in relation to the living arrangements of the witness identified as JK. The application was made orally on 29 July 2020.