R v Bushell; R v Tozer (No 11) [2023] NSWSC 1447

Supreme Court New South Wales

Medium Neutral Citation: R v Bushell; R v Tozer (No 11) [2023] NSWSC 1447 Hearing dates: 26-28, 31 July, 1-4, 7-10 August 2023 Decision date: 10 August 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) Uphold the Commissioner's claim of public interest immunity. (2) Accept that some parts of the material for which public interest immunity has been granted would materially assist the cases of the accused. (3) The Court also accepts that some of the material that has been hitherto redacted is material required to be disclosed by the Crown. (4) The Court requires the Crown to disclose the contents of the document hitherto redacted in accordance with the copy marked by the Court and handed to the Crown and the Commissioner for NSW Police on the following conditions: (a) the newly redacted document in accordance with the foregoing be provided to Counsel for the accused only; (b) counsel for the accused not further publish the document or its contents. (5) Other than in accordance with the immediately preceding order and conditions, the document not be published except by order of the Court. (6) Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW): the statement of the person known as Witness A in the proceedings for which the statement was made dated 19 July 2022 disclosed to the accused by the Crown on 10 August 2023, and the content of that statement, is not to be further disclosed, except to: (a) judicial officers; (b) court staff; (c) legal representatives of the Crown and the Commissioner of Police; and (d) counsel for the accused. Catchwords: EVIDENCE – public interest immunity – police procedures disclosed – safety of witnesses – impeding future investigations – process adopted whereby some proposed redactions disallowed – document then to be made available to legal representatives only Legislation Cited: Evidence Act 1995 (NSW), s 130 Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7 Cases Cited: Alister v The Queen (1983) 154 CLR 404; [1978] HCA 43 Sankey v Whitlem (1978) 142 CLR 1; [1978] HCA 43 Category: Procedural rulings Parties: Rex (Crown) Daniel Michael Bushell (Accused) John Jamie Tozer (Accused/Respondent) Commissioner of Police, New South Wales Police Force (Applicant) Representation: Counsel: G Wright SC/J Sfinas (Crown) R Pontello SC (Accused Bushell) A Djemal (Accused Tozer/Respondent) M Varley (Applicant)