CRIMINAL LAW — Crime Commission — where provisional indication provided that transcript would be made available to parties — where interested person provided opportunity to be heard — provisional view confirmed in one case — provisional view changed upon submissions from one of the interested parties — matter may be re-evaluated during trial
Quick Take
1Under s 45(5) of the Crime Commission Act 2012 (NSW), the 'interests of justice' test requires the court to be satisfied that release of compelled Crime Commission evidence is required, not merely desirable, following R v Jaghbir (No 1) [2020] NSWSC 762 at [20]-[22].
2Where a witness was compelled to give Crime Commission evidence over objection and expresses genuine safety fears supported by factual background, and the evidence is not likely to impact meaningfully on the confined trial issues, the court may decline release while preserving the ability to revisit the question as the trial progresses.
3The established practice of affording interested parties (witnesses) the opportunity to be heard before release of their compelled evidence, including suppressing listing dates and separating hearings to protect witness identities, was confirmed and applied.
