R v Fakhreddine (No. 2) [2024] NSWSC 1216

Supreme Court New South Wales

Medium Neutral Citation: R v Fakhreddine (No. 2) [2024] NSWSC 1216 Hearing dates: 11 September 2024 Date of orders: 11 September 2024 Decision date: 27 September 2024 Jurisdiction: Common Law Before: Lonergan J Decision: Pursuant to s 13 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), the Court's orders of 27 March 2024 relating to the non-publication of the accused's evidence at his previous trial are revoked. Catchwords: NON-PUBLICATION ORDERS – application to revoke – retrial – suppression orders made in March 2024 to protect potential jury panel from possible unbalanced media reports of accused's evidence at last trial in the short period leading up to September 2024 trial date – very particular and recognisable facts – short term order only – order no longer necessary to prevent prejudice to the administration of justice Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: R v Fakhreddine [2024] NSWSC 320 Category: Procedural rulings Parties: Rex (Crown) Naji Fakhreddine (Accused) Representation: Counsel: S Traynor (Crown) J Layani Ellis (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) One Group Legal (Accused) File Number(s): 2024/00075628 Publication restriction: Consult the Non-publication Register for non-publication orders that apply to these proceedings.

JUDGMENT 1. The accused is on trial before a jury and me for the murder of Bernd Lehmann on 12 February 2008. A trial before Harrison CJ at CL and a jury of 15 commenced on 17 October 2023. On 8, 10 and 13 November, days 14, 15 and 16 of the trial, the applicant gave evidence and was cross-examined. On 28 November 2023, the jury was discharged as a result of being unable to agree on a verdict. 2. On 27 March 2024, this Court made orders pursuant to ss 7 and 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) ("the Act") prohibiting the publication, (subject to certain exceptions), of any evidence given by the accused in his previous trial. The order was to remain in place until verdict, further order of the Court, or 30 November 2024, whichever is earlier. The procedural history of the 27 March 2024 orders is set out in a judgment of that date: R v Fakhreddine [2024] NSWSC 320 ("Fakhreddine") at [5] to [11]. 3. On 9 September 2024, a new trial commenced before me and a jury of 14. On 11 September 2024, after two days of evidence, counsel for the accused brought to the Court's attention three media publications (with substantially the same content and authored by the same individual) that were said to contravene the Court's 27 March 2024 orders. 4. As a result of those articles being brought to the Court's attention, the Crown made an oral application that the 27 March 2024 orders be revoked. 5. For the reasons that follow, on 11 September 2024, I revoked my orders of 27 March 2024 relating to the non-publication of the accused's evidence at the last trial.