R v Mateaki Taumalolo [2021] NSWSC 1377

Supreme Court New South Wales

Medium Neutral Citation: R v Mateaki Taumalolo [2021] NSWSC 1377 Hearing dates: 13 October 2021 Date of orders: 1 November 2021 Decision date: 01 November 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to ss 130 and 131A of the Evidence Act 1995 (NSW), the Commissioner of Police is excused from producing in answer to the subpoena issued on 20 July 2021 on behalf of Mateaki Jeff Taumalolo the unredacted form of the emails that constitute annexure "B" to the Open Affidavit of Scott Cook sworn 7 October 2021. Catchwords: EVIDENCE – documentary evidence – subpoenas – public interest immunity – where subpoena issued to Commissioner of Police seeking documents relevant to accused's defence for murder charge – where email chain provided in redacted form – claim of public interest immunity over unredacted form of email chain – whether harm would be done by disclosure of the information as part of the proceedings – where examination of confidential material reveals sound basis for claim of immunity – where public interest in producing information outweighed by public interest in preserving confidentiality of unredacted email chain – Commissioner of Police excused from producing unredacted form of the emails Legislation Cited: Evidence Act 1995 (NSW) ss 130, 131A Cases Cited: A3 v Australian Crime Commission [2006] FCA 894 Alister v The Queen (1984) 154 CLR 404 Attorney General v Kaddour & Turkmani [2001] NSWCCA 456 Cain v Glass (No 2) (1985) 3 NSWLR 230 DPP v Smith (1996) 86 A Crim R 308 NCA v Gould (1989) 90 ALR 489 Polley v Johnson and Smith Gillard v Johnson and Smith Ward and Ward v Higgs, Smith and Edwards [2013] NSWSC 543 Texts Cited: Nil Category: Procedural rulings Parties: Crown Mateaki Jeff Taumalolo (Accused) Commissioner of Police Representation: Counsel: D Daleo & K Marinos (Crown) P English (Accused) Commissioner of Police (A Tembe)