Nationwide News Pty Limited v Qaumi [2016] NSWCCA 97

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nationwide News Pty Limited v Qaumi [2016] NSWCCA 97 Decision date: 27 May 2016 Before: Bathurst CJ; Beazley P; Hoeben CJ at CL Decision: (1) Order, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), that no publication be made of the evidence and submissions in the Court of Appeal on Tuesday 3 May 2016 or this judgment until the conclusion of the trial of Farhad Qaumi and Mumtaz Qaumi in relation to the murder of Joseph Antoun, or until further order;

(2) Order (1) above is to apply throughout the Commonwealth and is made on the basis of necessity to prevent prejudice to the proper administration of justice;

(3) Grant leave to appeal;

(4) Appeal dismissed insofar as it relates to the non-publication orders made by Hamill J on 24 March 2016;

(5) Appeal allowed insofar as it relates to the take-down orders made by Hamill J on 24 March 2016;

(6) Set aside Orders (1)-(13) made by Hamill J in relation to Order (5) above. Catchwords: APPEAL – appeals pursuant to Court Suppression and Non-publication Orders Act 2010 (NSW), s 14 – non-publication and take-down orders made by judge of the Supreme Court in the context of a criminal trial – whether appeal lies to Court of Appeal or Court of Criminal Appeal

CRIMINAL LAW – interlocutory matters – non-publication orders made in respect of a criminal trial under Court Suppression and Non-publication Orders Act 2010 (NSW), s 7 – where counts severed from indictment and criminal trials directed to proceed back-to-back – whether non-publication order in respect of evidence and submissions in first trial until conclusion of second trial "necessary" – whether other orders appropriate – interplay between open justice and right to fair trial