R v LMW [1999] NSWSC 1111

New South Wales Supreme Court CITATION : R v LMW [1999] NSWSC 1111 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : 070031/99 HEARING DATE(S) : 15 November 1999 - JUDGMENT DATE : 17 November 1999

Regina PARTIES : LMW (Accused) Nine Network Limited, Seven Network Limited, Australian Broadcasting Corporation JUDGMENT OF : Studdert J

G. Smith (Crown) COUNSEL : P. Zahra (Accused) T. Blackburn (Nine Network Limited, Seven Network Limited, Australian Broadcasting Corporation) Office of the Director of Public Prosecutions (Crown) SOLICITORS : Legal Aid Commission (Accused) Gilbert & Tobin (Nine Network Limited, Seven Network Limited, Australian Broadcasting Corporation) CATCHWORDS : Application for witness to give evidence in the absence of the media ACTS CITED : Children's (Criminal Proceedings) Act 1987 DECISION : Application refused

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

STUDDERT J

Wednesday 17 November 1999 070031/99 REGINA v LMW

JUDGMENT (On application concerning the proposed evidence of BWI)

1 HIS HONOUR: The Crown has made application for the following orders: "3. That the evidence (including the cross examination) of the witness known under the pseudonym of 'BWI' be given in closed Court to which members of the public and the media shall be denied access except - (i) legal representatives of the accused and the Crown; (ii) support persons for the witness 'BWI' 4. That publication of the evidence given by the witness 'BWI' be prohibited except as between the Crown, the accused, and his legal representatives." 2 The application has been supported by the following affidavit evidence: