R v Abdallah (No. 3) [2015] NSWSC 121

Supreme Court New South Wales

Medium Neutral Citation: R v Abdallah (No. 3) [2015] NSWSC 121 Hearing dates: 20 February 2015 Decision date: 25 February 2015 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: 1.Decline access to CCTV footage and audio recording of Triple-0 call sought by media outlets. 2.Vacate non-publication order made on 20 February 2015 in relation to this application. Catchwords: CRIMINAL LAW – practice and procedure – application by media for access to CCTV footage and audio recording of Triple-O call played in open court during trial by jury of accused indicted for murder – CCTV in private residence – interests of open justice – administration of justice - potential prejudice to jury members – evidence classified as 'sensitive' – interests of family of the deceased – fair reporting – ability to capture and replay footage would place public in substantially different position to those in courtroom Legislation Cited: Criminal Procedure Act 1986 (NSW), s 314 Cases Cited: John Fairfax Publications Pty Limited v District Court of NSW [2004] NSWCA 324 R v Jovanovic [2014] ACTSC 98, 285 FLR 108 R v O'Grady [2000] NSWSC 1256 R v Kerr [2004] NSWSC 75 R v Xu (No 1) [2005] NSWSC 73 Texts Cited: Practice Note No. SC Gen 2 Category: Procedural rulings Parties: Regina Katherine Abdallah (Accused) Nine Network Australia Pty Ltd, the Australian Broadcasting Corporation, and Nationwide News Pty Ltd (Applicants) Representation: Counsel: T Maltz (Applicants) SP Herbert (Crown) GJ Stanton (Accused)