The Court granted suppression and non-publication orders under ss 7 and 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW) protecting the identities of two key Crown witnesses in a murder prosecution, ordering pseudonyms, closed court during their evidence, and restricted document retention, on the grounds that the orders were necessary to protect witness safety (s 8(1)(c)), prevent prejudice to the proper administration of justice (s 8(1)(a)), and were otherwise in the public interest which significantly outweighed open justice (s 8(1)(e)). The orders were made for a fixed period until 18 December 2074, consistent with a prior Local Court order, with the Court emphasising that the risk to witnesses justified orders extending well beyond the resolution of the criminal proceedings regardless of outcome. The Court confirmed that 'necessity' under s 8 does not require proof that proceedings would be unable to continue without the order, but rather that failure to make the order would produce 'unacceptable' consequences assessed by reference to a calculus of risk.
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