The Supreme Court of Western Australia granted directions under s 122 of the Criminal Investigation Act 2006 (WA) permitting a media production company to obtain, possess, copy, edit and broadcast audiovisual recordings of police interviews with two deceased suspects for use in a documentary. Applying the broad discretion identified in ex parte West Australian Newspapers [2008] WASCA 209, Howard J held that where both interviewees are deceased, no criminal investigation or CCC function would be interfered with, the recordings had already entered the public domain to some degree through prior orders, and the principles of open justice and public interest in accountability for a well-known miscarriage of justice all favoured the grant. The Court found no countervailing considerations and no realistic prospect that the orders would discourage future suspect cooperation in recorded interviews.
The full text is available to signed-in members.