R v Diallo & Ors (No 10); Re referral of witness KL for contempt [2024] NSWSC 1085

Supreme Court New South Wales

Medium Neutral Citation: R v Diallo & Ors (No 10); Re referral of witness KL for contempt [2024] NSWSC 1085 Hearing dates: 8 July 2024 and 19 August 2024 Date of orders: 18 September 2024 Decision date: 18 September 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) KL and his solicitors to be advised that I am inclined to refer the matter to the Prothonotary to institute proceedings for contempt. (2) KL is directed to appear before the Court at 2:30pm on 19 September 2024 to provide submissions as to why the matter should not be so referred. (3) KL is to appear by audio visual link and I direct the Registrar to make the appropriate arrangements for that to occur. Catchwords: CRIMINAL LAW – contempt in the face of the court – where witness refuses to answer questions when directed to do so – alternative procedures for dealing with contempt – unusual circumstances – witness charged with unrelated murder – where witness seeking to traverse a plea of guilty based on trauma response to watching death of victim of current killing – where witness directed to answer questions with the protection of a certificate under s 128 of Evidence Act – preferable not to deal with contempt by summary procedure – preferable for a different judge to deal with contempt proceedings – whether witness should be afforded opportunity to be heard Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Evidence Act 1995 (NSW), ss 128(3), 128(4), 128(5) Supreme Court Act 1970 (NSW), s 119(2) Supreme Court Rules 1970 (NSW), Pt 55, Div 3, rr 3, 11(1), 11(6) Cases Cited: European Asian Bank AG v Wentworth (1986) 5 NSWLR 445 In the Matter of Steven Smith (No. 2) [2015] NSWSC 1141 In the matter of the Compensation Court of NSW (Court of Appeal (NSW), 20 December 1985, unrep) Jane Doe 1 v Dowling [2017] NSWSC 57 Keeley v Brooking (1979) 143 CLR 162; [1979] HCA 28 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435; [1999] HCA 19 Principal Registrar of Supreme Court of NSW v Thanh Vu Tran [2006] NSWSC 1183; (2006) 166 A Crim R 393 R v Coskun (No 4) [2022] NSWSC 696 Prothonotary of the Supreme Court of New South Wales v Dangerfield [2016] NSWCA 277 R v Diallo & Ors (No 7) [2024] NSWSC 978 R v Qaumi & Ors (No 62) [2016] NSWSC 1215 R v Taber and Styman; Re Shannon v Styman [2005] NSWSC 1329 R v WE (No.15) [2020] NSWSC 332 Registrar of Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 The King v Metal Trades Employers' Association; Ex parte Amalgamated Engineering Union (1951) 82 CLR 208; [1951] HCA 3 Texts Cited: N/A Category: Procedural rulings Parties: Rex (Prosecution) Ibrahima Diallo (Defendant) AG (Defendant) AD (Defendant) Panashe Morgan Ryan Karise (Defendant) KL (Alleged Contemnor) Representation: Counsel: E Balodis (Rex) R Wilson SC (Diallo) M Avenell SC (AG) B Robinson (AD) M Smith (Karise) M Fernando (KL)