The open justice principle applies with less force to evidence that has been tendered at committal or is intended to be tendered at trial but has not yet been admitted into evidence, compared to evidence received in open court at trial. In terrorism prosecutions involving jury trial, the high emotional dimension and public interest in the subject matter, combined with the risk of potential jurors viewing unfiltered material, may constitute special circumstances justifying pre-trial suppression orders under s 69A of the Evidence Act 1929 (SA). Suppression orders in such cases should be temporally limited and reviewed at the time of trial.
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