R v Dougas; R v Read; R v Linke; R v Casamento; R v Counihan; R v Jacobs Group (Australia) Pty Ltd [2021] NSWSC 534

Supreme Court New South Wales

Medium Neutral Citation: R v Dougas; R v Read; R v Linke; R v Casamento; R v Counihan; R v Jacobs Group (Australia) Pty Ltd [2021] NSWSC 534 Hearing dates: 12 May 2021 Decision date: 14 May 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) (the Act), prohibit the publication of any material containing any reference to any of the following: (a) the pleas of guilty entered by Jacobs Group (Australia) Pty Ltd ACN 001 024 095 (Jacobs Australia) to charges of conspiring to cause offer of bribe to foreign public officials; (b) any statement of facts relevant to the offences to which Jacobs Australia pleaded guilty to; (c) the sentence hearing in respect of Jacobs Australia; (d) the sentence imposed on Jacobs Australia; (e) the sentencing remarks in relation to the sentence imposed on Jacobs Australia; and (f) this application. (2) Order (1) does not prevent publication by: (a) the Commonwealth Director of Public Prosecutions or the Australian Federal Police, of any material containing reference to the matters listed in paragraphs (1)(a)-(f) above to: (i) international investigators, international prosecuting authorities, and other like international entities; (ii) Australian State, Territory and Commonwealth Government departments; (iii) lawyers for the co-accused; and (iv) lawyers for witnesses or potential witnesses; (b) Jacobs Australia (or any of its related body corporates) or its lawyers, of any material containing reference to the matters listed in paragraphs (1)(a)-(f) above: (i) to Australian State, Territory and Commonwealth Government departments, authorities, agencies or entities; (ii) to the auditors, insurers or professional advisers of Jacobs Australia (or any of its related body corporates); (iii) to the World Bank and the Asian Development Bank and any employees or professional advisors thereof; (iv) to any existing or prospective contractual counterparty of Jacobs Australia (or any of its related body corporates); (v) as required by Jacobs Engineering Group Inc. pursuant to the rules of any registered securities exchange or under applicable law; and (vi) to the Seller's Representatives referred to in Order (3), or their lawyers, in which circumstances, such disclosure is to be provided together with a copy of these Orders. (3) Order (1) does not prevent publication of any material containing reference to the matters listed in paragraphs (1)(c)-(f) above by the Seller's Representatives (as defined in the scheme booklet relating to shares in Sinclair Knight Merz Management Pty Ltd (SKMM) and Sinclair Knight Merz Holdings Pty Ltd (SKMH) registered with ASIC on 6 November 2013 (the Scheme Booklet)) to: (i) each of the SKMM Scheme Shareholders and SKMH Scheme Shareholders, as defined in the Scheme Booklet (collectively "Scheme Shareholders"); or to their respective legal personal representatives, successors or assigns; (ii) the lawyers, accountants, or other professional advisers of the said Seller's Representatives; (iii) the Escrow Agent (as defined in the Scheme Booklet), and (iv) Computershare, who maintains a register of Scheme Shareholders for the purposes of forwarding communications to them, in which circumstances, such disclosure is to be provided together with a copy of these Orders. (4) Order (1) is made on the ground in s 8(1)(a) of the Act, namely that it is necessary to prevent prejudice to the proper administration of justice. (5) Pursuant to s 11(2) of the Act, these orders are to apply throughout the Commonwealth of Australia. (6) Order (1) is to operate until the earlier of either: (a) the determination of the criminal proceedings 2018/150442 against Paul Dougas; 2018/150387 against Mark Read; 2018/150400 against Geoffrey Linke; 2018/150467 against Paul Casamento and 2018/221995 against Andrew Counihan; or (b) further order. Catchwords: CRIMINAL PROCEDURE — Application for suppression and non-publication orders — Grounds — Whether the order is necessary to prevent prejudice to the proper administration of justice — Administration of justice includes the public interest in open justice and the right of an accused person to a fair trial by an impartial jury — Whether accused person is prejudiced by being identified in publicity relating to the plea of the Company or the statement of agreed facts signed by the Company and the Crown for the sentence proceedings of the Company CRIMINAL LAW — Attribution by Company of its acts and intention to individuals who are co-accused — Prejudicial effect on individuals if Company's plea is published — Particular prejudice arising from statement of agreed facts between the Company and the Crown on co-accused referred to in statement Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 6, 7, 8, 9 Crimes Act 1914 (Cth), ss 16A, 16AC Criminal Code Act 1995 (Cth), ss 11.5, 12.3, 70.2 Criminal Procedure Act 1986 (NSW), s 97 Evidence Act 1995 (NSW), s 191 Jury Act 1977 (NSW), s 68C Proceeds of Crime Act 2002 (Cth) Supreme Court Act 1986 (Vic), ss 18, 19 Cases Cited: Australian Competition and Consumer Commission v BlueScope Steel Limited [2019] FCA 1532 Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15 Humphries v R [2015] NSWCCA 319 John Fairfax Publications Pty Ltd v District Court of New South Wales (2004) 61 NSWLR 344; [2004] NSWCA 324 Lodhi v R [2007] NSWCCA 360; (2007) 179 A Crim R 470 R v Note Printing Australia Limited (Ruling No 2) [2012] VSC 304 The Queen v Glennon (1992) 173 CLR 592; [1992] HCA 16 Tuckiar v The King (1934) 52 CLR 335; [1934] HCA 49 Webb v The Queen; Hay v The Queen (1994) 181 CLR 41 Category: Procedural rulings Parties: Proceedings 2018/150442 Regina Paul Peter Dougas (Accused)