R v Sultana

1. [1]

   On 5 June 2025, the Commissioner of Police filed a Notice of Motion seeking various pseudonym, suppression and non-disclosure orders, together with orders for a closed court. The orders sought referred to a person who had been described in the documents as “Person A”.

2. [2]

   The accused stands charged with the murder of Dayna Isaac (“the deceased”) on 16 January 2023. The accused was arrested and charged on 17 January 2023 and has since been held in custody.

3. [3]

   On 14 November 2024, Person A provided a statement detailing conversations which he had engaged in with the accused in relation to the murder of the deceased.

4. [4]

   Person A is to be called, by the Crown, as a witness to give evidence of these conversations, which include significant admissions on the part of the accused of his conduct in murdering the deceased.

5. [5]

   Person A remains in custody, having been sentenced for his involvement in a serious crime. The evidence before the Court, of Assistant Commissioner Peter McKenna, who is also the Commander of the Central Metropolitan Regional Command, and who is a most experienced police officer and detective, is that it is, in summary, in the public interest that Person A’s name, identity and information tending to establish his identity be suppressed.

6. [6]

   Assistant Commissioner McKenna expresses the view that where a person who is in custody has provided assistance to police, such a person may face harm if their name or identity becomes known within the custodial environment.

7. [7]

   He says that, in his experience, persons who provide information to police whilst in custody will be treated with animosity by fellow inmates and their associates, and that they face a general risk of retribution and harm in the form of physical violence, simply because of their status as an informant or suspected informant.

8. [8]

   These opinions of the Assistant Commissioner were not challenged, and the accused did not make any submissions opposing the making of the orders sought by the Commissioner.

9. [9]

   I am satisfied that it is necessary, within the meaning of that term in the Court Suppression and Non-Publication Orders Act 2010 (NSW) (“the Act”) for the orders which have been sought to be made for the protection of the safety of Person A, and also to prevent harm to the administration of justice: s 8(1)(a), and s 8(1)(c) of the Act.

10. [10]

    In coming to that conclusion, I have kept in mind, and taken into account, s 6 of the Act, which requires that this Court must take into account that:

11. [11]

    I have formed the view that the public interest in the making of the orders which are sought, by reason of the grounds to which I have referred in s 8 of the Act, significantly outweighs the public interest in open justice.

12. [12]

    In light of these conclusions and the evidence put before the Court, I am satisfied that the orders sought by the applicant, the Commissioner of Police, should be made.

Orders

1. [13]

   I make the following orders:

   1. (1)

      The proposed Crown Witness who has made a statement to police dated 14 November 2024 in these proceedings shall be known in these proceedings and on their statements by the pseudonym “Person A” (Person A).

   2. (2)

      Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (CSNPO Act) and upon the grounds set out at s 8(1)(a), (c) and (e) of that Act, save for the purpose of the proper conduct of these proceedings, the true identity of Person A, be suppressed (within the meaning of s 3 of the CSNPO Act), together with any evidence, submission, discussion, document or information that might facilitate identification of Person A.

   3. (3)

      For the purposes of Order 2, information that identifies Person A or tends to identify the Witness includes, but is not limited to:

   4. (4)

      Pursuant to ss 11(2) and 12 of the CSNPO Act, Order 2 is to apply throughout the Commonwealth of Australia for a period of 30 years.

   5. (5)

      The accused is not to be permitted to retain a copy of any statement of Person A whilst in the custody of Corrective Services NSW.

   6. (6)

      The Court be closed for the duration of the evidence of Person A, except for the following persons who are permitted to remain:

   7. (7)

      The operation of Orders 2 and 3 above does not operate to prevent disclosure of the Crown Case Statement, the identity of Person A, information that may tend to identify Person A and evidence given by Person A in these proceedings, including written statements, to the following persons:

   8. (8)

      The Commissioner of Police is to be notified of any application for access to the Court file by a non-party to the proceedings, and is to have the opportunity to be heard prior to any decision on access to a non-party.

   9. (9)

      The Commissioner of Police is to be informed of any application to vary or revoke these orders.