NSW Police Force v Alameddine (No. 2) [2023] NSWSC 633

Supreme Court New South Wales

Medium Neutral Citation: NSW Police Force v Alameddine (No. 2) [2023] NSWSC 633 Hearing dates: 9 June 2023 Date of orders: 9 June 2023 Decision date: 09 June 2023 Jurisdiction: Common Law - Criminal Before: Chen J Decision: (1) Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW): (a) there be a non-publication order prohibiting the publication of the Police Intelligence Reports tendered in these proceedings, including any references to those reports (or opinions based on them) by Detective Superintendent Cadden in his affidavits or any references in submissions of either party, by each of the parties and Nationwide News Pty Ltd, and any other news media organisation or any other person; and, (b) the decision in NSW Police Force v Alameddine [2023] NSWSC 577 be suppressed in the manner proposed in Annexure "A" to the confidential affidavit of Michael Ayache sworn 6 June 2023 and, (c) that paragraph 3 of the affidavit of Michael Ayache sworn 2 June 2023 is suppressed. (2) That the NSW Police and all law enforcement agencies be exempt from the operation of Order 1. (3) That these orders apply throughout the Commonwealth. (4) That these orders operate for a period of 30 years. (5) Note that the confidential affidavit of Michael Ayache sworn 6 June 2023 is returned. (6) I grant access to Nationwide News Pty Ltd to the file subject to the above orders. Catchwords: CIVIL PROCEDURE – suppression and non-publication orders – whether publication of police intelligence reports would threaten the administration of justice – whether publication of police intelligence reports would expose the defendant and his family to significant risk of retributive action – non-publication and suppression orders made Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) Cases Cited: AB (A pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 Attorney General for NSW v Nationwide News Pty Ltd (2007) 73 NSWLR 635; [2007] NSWCCA 307 Commissioner of Police NSWPF v Amoun [2020] NSWSC 1810 Darren Brown (a pseudonym) v The Queen (No 2) [2019] NSWCCA 69 Hogan v Australian Crime Commission (2010) 240 CLR 651; [2010] HCA 21 John Fairfax & Sons Ltd v Police Tribunal of NSW (1986) 5 NSWLR 465 John Fairfax Publications Pty Ltd v District Court of NSW (2004) 61 NSWLR 344; [2004] NSWCA 324 Nationwide News Pty Ltd v JS and SD [2022] NSWSC 774 Nationwide News Pty Ltd v Qaumi [2016] NSWCCA 97 NSW Police Force v Alameddine [2023] NSWSC 577 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Vella v Commissioner of Police (NSW) (2019) 269 CLR 219; [2019] HCA 38 Category: Consequential orders Parties: NSW Police Force (plaintiff) Mohamad Alameddine (defendant) Nationwide News Pty Ltd (interested party) Representation: Counsel: N Regener (plaintiff) M Ayache (defendant) MJ Lewis (interested party)