R v Warwick [2017] NSWSC 1151

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick [2017] NSWSC 1151 Hearing dates: 21 August 2017 Date of orders: 21 August 2017 Decision date: 21 August 2017 Jurisdiction: Common Law - Criminal Before: Garling J Decision: The fact of these pre-trial proceedings, the content of the evidence tendered and submissions made during the pre-trial proceedings is not to be published or otherwise disclosed until the return of a verdict by a jury or the finalisation of the principal criminal proceedings. Catchwords: CRIMINAL PROCEDURE – suppression and non-publication orders – necessary to prevent prejudice to the proper administration of justice – pre-trial proceedings Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) R Thomas (Accused)

Solicitors: Director of Public Prosecutions (Crown) Havas & Dib Lawyers (Accused) File Number(s): 2015/222068

EX TEMPORE Judgment 1. Application has been made this morning that the pre-trial proceedings before the Court today, and the contents of them, not be published until the conclusion of the principal trial. 2. The Court has the power, pursuant to s 7 of the Court Suppression and Non‑Publication Orders Act 2010 ("the Act"), to prohibit the publication or other disclosure of information that comprises evidence or information about evidence given in proceedings before this court or information which tends to reveal the identity of the accused. 3. There are very limited grounds for making such an order because the Court is obliged, by s 6 of the Act, to take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice. It is clearly appropriate to keep in mind that a criminal trial involving the allegations which are made here is one of those criminal trials of notoriety in which the public have a real interest in open justice. 4. On the other hand, the legislation does provide grounds for making a non-publication order, including that such an order is necessary to prevent prejudice to the proper administration of justice (s 8(1)(a) of the Act). 5. The accused applies for a non-publication order. He submits that, in the course of debate here, material will be discussed publicly and be the subject of evidence, by way of the tender of documents, which may or may not become evidence before a jury. He also submits that in order to enable a fair trial to take place in February 2018, it is appropriate to restrict the publication of pre-trial issues and debate so as to ensure that the jury, which is to be empanelled in February, is not influenced by material which will or may be extraneous to their consideration. 6. Having heard from counsel for the accused and the Crown Prosecutor, who does not oppose the making of an order, I am satisfied that a non-publication order is necessary to prevent prejudice to the proper administration of justice. 7. Accordingly, I make the following order: 1. The fact of these pre-trial proceedings, the content of the evidence tendered and submissions made during the pre-trial proceedings, is not to be published or otherwise disclosed until the return of a verdict by a jury or the finalisation of the principal criminal proceedings.