R v Musleh (No 2) [2018] NSWSC 1221

Supreme Court New South Wales

Medium Neutral Citation: R v Musleh (No 2) [2018] NSWSC 1221 Hearing dates: 6 August 2018 Date of orders: 06 August 2018 Decision date: 06 August 2018 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: See paragraph [16] Catchwords: SUPPRESSION AND NON-PUBLICATION ORDER – orders necessary to protect investigation techniques and capacity of Australian Federal Police – minimal derogation from the principles of open justice – orders made Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 8 and 12 Surveillance Devices Act 2004 (Cth), s 47 Cases Cited: Attorney-General for New South Wales v Nationwide News Pty Ltd (2007) 73 NSWLR 635; [2007] NSWCCA 307 Lodhi v Regina (2006) 65 NSWLR 573; [2006] NSWCA 101 Category: Procedural and other rulings Parties: Regina Muhammed Abdul Karim Musleh (Offender) Commissioner of the Australian Federal Police (Applicant) Representation: Counsel: R Glover (Crown) G Scragg (Offender) P Melican (Applicant)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) Legal Aid of New South Wales (Offender) Australian Government Solicitor (Applicant) File Number(s): 2016/341400

Judgment: EX TEMPORE

Introduction 1. By notice of motion filed on 31 July 2018 the Commissioner of the Australian Federal Police (the Commissioner) seeks suppression orders pursuant to the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act), s 47 of the Surveillance Devices Act 2004 (Cth) or in the exercise of this Court's inherent jurisdiction. The application is supported by an affidavit sworn on 31 July 2018 by Ian McCartney who is an Assistant Commissioner of the Australian Federal Police (AFP) and whose current position is National Manager Counter-Terrorism.