R v Sinai (No 2) [2021] NSWSC 777

Supreme Court New South Wales

Medium Neutral Citation: R v Sinai (No 2) [2021] NSWSC 777 Hearing dates: 1 June 2021 Decision date: 01 June 2021 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Application for non-publication of past media publicity dismissed Catchwords: CRIMINAL PROCEDURE – Suppression and non-publication orders – existing material online said to be prejudicial to the accused – content of about 100 internet articles unclear – identified articles are old – orders futile and not necessary – application for take down orders dismissed Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), s 7 Cases Cited: Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Nationwide News Pty Limited v Qaumi (2016) 93 NSWLR 384; [2016] NSWCCA 97 Category: Procedural rulings Parties: Regina Abraham Sinai Representation: Counsel: Mr S Hughes (Crown) Mr P Lange (Accused)

Solicitors: Solicitor for Public Prosecutions Kings Law Group File Number(s): 2019/169513

Judgment 1. HIS HONOUR: This is an application for non-publication orders in respect of past media publicity that is said to be adverse to the accused's interest in receiving a fair trial. 2. A trial in this matter commenced with the empanelment of a jury on Monday 3 May 2021. The prosecutor's opening address was delivered on 4 May and the evidence in the Crown case proceeded. On 6 May, senior counsel for the accused announced that her instructions had been withdrawn. On 7 May, the jury were discharged because the delay in retaining alternative counsel was too great to justify their retention. 3. I have been informed that Mr M Tedeschi QC has accepted the brief. The trial will recommence early in the week of Monday 7 June 2021. 4. It will suffice for the purpose of the present issue to say that the matter concerns the shooting murder of Mr Ho Ledinh when he was sitting outside a café in Bankstown at about 3.35pm on 23 January 2018. The Crown case is that the shooter was Arthur Kelekolio (who has pleaded guilty to the murder) and that the present accused is complicit by virtue of his participation in a joint criminal enterprise.