R v Diallo & Ors (No 11); Re referral of witness Deng aka Majak for contempt [2024] NSWSC 1086

Supreme Court New South Wales

Medium Neutral Citation: R v Diallo & Ors (No 11); Re referral of witness Deng aka Majak for contempt [2024] NSWSC 1086 Hearing dates: 1-2 July 2024, 19 and 22 August 2024 Date of orders: 18 September 2024 Decision date: 18 September 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) It appears to the Court, based on my own view as the trial Judge, that on 1 and 2 July 2024, and 19 and 22 August 2024, Emmanual Majak ("the contemnor"), having been a competent and compellable witness in the trial of R v Diallo & Ors in the Supreme Court, refused to take an oath or affirmation and otherwise failed to comply with the directions of the Court and that he did thereby commit contempt of the Court. (2) Pursuant to Pt 55, r 11(1) of the Supreme Court Rules 1970 (NSW), I direct the Prothonotary to commence proceedings for contempt of Court against the contemnor. (3) The charge or charges may be framed and particularised as the Prothonotary may be advised by the Crown Solicitor and/or the Crown Advocate as briefed by the Crown Solicitor. (4) My associate will provide a copy of this judgment to the two solicitors who have acted for Mr Majak in recent times. (5) The Registrar is to provide a copy of this judgment to Mr Majak. Catchwords: CRIMINAL LAW – contempt of court – witness indicates preference to take a contempt charge rather than an affirmation or oath – where deference paid to contemnor's preference Legislation Cited: Supreme Court Rules 1970 (NSW), Pt 55, Div 3, rr 1, 11(1) Cases Cited: In the Matter of Steven Smith (No. 2) [2015] NSWSC 1141 Prothonotary of the Supreme Court of New South Wales v Dangerfield [2016] NSWCA 277 R v Basha (1989) 39 A Crim R 337 R v Diallo & Ors (No 10); Re referral of witness KL for contempt [2024] NSWSC 1085 R v Bilal Razzak [2006] NSWSC 1366; (2006) 166 A Crim R 132 Registrar of the Court of Appeal v Gilby [1991] NSWCA 235 Category: Procedural rulings Parties: Rex (Prosecution) Ibrahima Diallo (Defendant) AG (Defendant) AD (Defendant) Panashe Morgan Ryan Karise (Defendant) Emmanual Majak (Alleged Contemnor) Representation: Counsel: E Balodis (Rex) R Wilson SC (Diallo) M Avenell SC (AG) B Robinson (AD) M Smith (Karise)