R v Chalabian (No. 4) [2022] NSWSC 165

Supreme Court New South Wales

Medium Neutral Citation: R v Chalabian (No. 4) [2022] NSWSC 165 Hearing dates: 23 February 2022 Date of orders: 23 February 2022 Decision date: 23 February 2022 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Notice of Motion dismissed. Catchwords: CRIME – jury trial – charge of money laundering under s.400.3(1) Criminal Code (Cth) – entire trial subject to time limited non-publication order to protect administration of justice in future related trial of other accused persons – Applicant Witness to be called by Crown at both trials – Applicant Witness seeks further protective orders by way of a non-publication order, non-disclosure or suppression order and closed court order – Applicant Witness housed in Special Purpose Centre – calculus of risk approach applied - test of necessity under s.8 Court Suppression and Non-publication Orders Act 2010 not met – no proper basis for orders sought – application refused Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Criminal Code (Cth) Cases Cited: Attorney General (NSW) v Kaddour and Turkmani [2001] NSWCCA 456 R v Chalabian (No 2) [2022] NSWSC 63 R v Popovic; R v Koloamatangi (No 1) [2017] NSWSC 1017 Texts Cited: --- Category: Procedural rulings Parties: Regina (Crown) Sevag Chalabian (Accused) Representation: Counsel: Ms T McDonald SC; Ms G Wright SC (Crown) Mr GA Brady SC; Mr A Williams (Accused) Mr PD Lange (Applicant Witness) Mr BJ May, Solicitor (Australian Federal Police)