R v Lalee (No 2) [2024] NSWSC 1336

Supreme Court New South Wales

Medium Neutral Citation: R v Lalee (No 2) [2024] NSWSC 1336 Hearing dates: In Chambers Date of orders: 23 October 2024 Decision date: 23 October 2024 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: Access granted in terms outlined in [18] of this judgment. Catchwords: MEDIA AND COMMUNICATIONS – bail application – media application for access to court file – application opposed by both parties – where material contains untested allegations – potential prejudice to any future trial – open justice – where proceedings took place in open court – role of the media as part of a functioning democracy – discretionary determination – access granted subject to conditions Legislation Cited: Criminal Procedure Act 1986 (NSW) Cases Cited: Edwards v R (No 1) [2022] NSWSC 1343 John Fairfax Publications Pty Ltd v Ryde Local Court (2005) 62 NSWLR 512; [2005] NSWCA 101 R v Dirani (No 33) [2019] NSWSC 288 R v Lalee [2024] NSWSC 1335 Registrar of the Supreme Court (NT) v Nationwide News Pty Ltd and Another (2018) 41 NTLR 87; [2018] NTSC 22 Stinson (a pseudonym) v Nationwide News Pty Ltd [2022] NSWCCA 235 Texts Cited: Practice Note SC Gen 2 – Access to Court Files Category: Principal judgment Parties: Hussein Lalee (Applicant) Rex (Respondent) Representation: Counsel: G Bashir SC (Applicant)

Solicitors: Crimcorp Defence Lawyers (Applicant) G Nicholson, Senior Federal Prosecutor, Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2024/364510 Publication restriction: Non-publication order made on 23 October 2024 pursuant to s 7 of the Court Suppression and Non-Publication Act 2010 (NSW) in relation to the Affidavit of Oussama Elfawal dated 18 October 2024 and Affidavit of Madina Akbari dated 18 October 2024 for a period of three months. These orders are to apply throughout the Commonwealth of Australia.