R v Tangi (No 9) [2020] NSWSC 544

Supreme Court New South Wales

Medium Neutral Citation: R v Tangi (No 9) [2020] NSWSC 544 Hearing dates: 20-21, 25-29 November, 2-6, 9-10 December 2019 Date of orders: 10 December 2019 Decision date: 10 December 2019 Jurisdiction: Common Law Before: Rothman J Decision: Suppression Order and Closed Court Order in relation to Witness A granted. Catchwords: PRACTICE AND PROCEDURE – prima facie evidence and proceedings open to public – application for closed court – confidential affidavit – no significant prejudice to accused – application granted Category: Procedural and other rulings Parties: Regina (Crown) Abraham Ryan Tangi (Accused) Representation: Counsel: P Hogan (Crown) G Wendler (Accused)

Solicitors: Director of Public Prosecutors (NSW) (Crown) Universal Lawyers (Accused) File Number(s): 2017/242644 Publication restriction: Not to be published until the conclusion of the trial

EX TEMPORE Judgment 1. HIS HONOUR: Before the Court is a motion by the Commissioner of Police, (hereinafter "the Commissioner"), leave for the filing of which was granted this morning and the matter has proceeded instanter. 2. The issue relates to an order sought by the Commissioner for the hearing in relation to a particular witness to be closed for the purpose of the hearing of the application. I have read the Commissioner's open affidavit. I have also read a confidential affidavit of the Commissioner. 3. For obvious reasons, I do not recite the issues raised in the confidential affidavit. The witness in question is already the subject of a suppression order in relation to her, or his, identity, or anything that might identify him or her. The Commissioner seeks that the Court be closed during the time that the particular witness is giving evidence. 4. Having read the affidavit, I am satisfied that, notwithstanding the prima facie position from which the Court operates, namely that all proceedings should be open and available to the public, that the administration of justice, the issues of safety and other issues concerning the witness, make it necessary for the witness's evidence to be given in closed court and the Court makes an order that the Court be closed for the duration of Witness A's evidence in the proceedings as well as any discussion or submission or tender of any document in the proceedings that identifies, or tends to identify, Witness A's real identity. 5. In that regard, the parties will refer to the witness as "Witness A" in the course of the proceedings and in the course of submissions. That order is made.