R v Ronald Edward Medich (No. 11) [2017] NSWSC 43

Supreme Court New South Wales

Medium Neutral Citation: R v Ronald Edward Medich (No. 11) [2017] NSWSC 43 Hearing dates: 7 February 2017 Date of orders: 07 February 2017 Decision date: 07 February 2017 Jurisdiction: Common Law Before: Bellew J Decision: 1. The order made on 6 February 2017 preventing publication of evidence given in cross-examination by Gattellari is discharged. Catchwords: CRIMINAL LAW – Procedure – Accused charged with murder – Where witness giving evidence for the Crown against the accused had previously pleaded guilty to his role in the murder and had been sentenced – Where witness had been charged shortly before the commencement of the accused's trial with conspiracy to extort money from the accused in return for not giving evidence – Where witness objected to questions going to those charges but then willingly answered the questions with the benefit of a certificate to be issued pursuant to s. 128 of the Evidence Act – Where application was then made on behalf of the witness that his evidence in cross-examination in relation to the most recent charges not be published – Whether such an order necessary to prevent prejudice to the proper administration of justice – Order not necessary – Interim order discharged Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Fairfax Digital Australia & New Zealand Pty Ltd & Ors v Ibrahim [2012] NSWCCA 125; (2012) 293 ALR 384 Category: Procedural and other rulings Parties: Regina – Crown Ronald Medich – Accused Fortunato Gattellari – Applicant Nationwide News Pty Limited - Intervenor Representation: Counsel: Ms G O'Rourke SC and Ms J Harris – Crown Mr W Terracini SC, Ms M Curry and Mr T Quilter – Accused Mr P Godkin - Applicant Ms L Mullins (Solicitor) - Intervenor