R v Rajapakse (No 2) [2024] NSWSC 1227

Supreme Court New South Wales

Medium Neutral Citation: R v Rajapakse (No 2) [2024] NSWSC 1227 Hearing dates: 10 September 2024 Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) The application of Tony Rajapakse to discharge the order made by McNaughton J on 2 August 2023 is refused. (2) Pursuant to ss 7 and 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), there be a non-publication order prohibiting the publication or other disclosure of the information that comprises the fact of the application being made, the evidence and submissions given on the current application as well as the judgment of the Court. (3) That the NSW Police and all law enforcement agencies be exempt from the operation of Order 2. (4) These orders apply throughout the Commonwealth. (5) These orders operate until the jury returns its verdict. (6) Order that all material in connection with the current application be placed into a sealed envelope with access not to be granted to this material without the leave of a judge of this Court. Catchwords: CRIMINAL PROCEDURE – Trial – Application by accused's father to discharge order made by McNaughton J excluding him from the court and court precincts until verdict is taken – Where allegations against the accused's father include attempts to intimidate important Crown witness - Application to discharge order refused Cases Cited: Commissioner of Taxation v De Vonk (1995) 61 FCR 564; [1995] FCA 994 European Asian Bank AG v Wentworth (1986) 5 NSWLR 445 Moore v Clerk of Assize, Bristol [1971] 1 WLR 1669 Regina v Davis [2008] AC 1128 Texts Cited: David Rolph, Contempt (2023, The Federation Press) Category: Procedural rulings Parties: Rex (Crown) Tony Rajapakse (Applicant) Representation: Counsel: C Young (Crown) Applicant (self-represented)