R v Coss (No 6)

HIS HONOUR: Yesterday in this matter, I made an interim order pursuant to s 10(1) of the Court Suppression and Non-publication Orders Act 2010 (NSW) in relation to evidence given by the witness Keith King in relation to discussions that he had with police relating to the police using media releases in order to generate conversations or activity with the view to furthering the investigation.

The order was made on an interim basis with no consideration given to the merits of the application, on the assumption that pursuant to s 10(2) the application itself would be determined as a matter of urgency. That term has a certain relativity about it. In the circumstances, it seemed to me to be appropriate to make the order, allowing time for the Commissioner's representatives to obtain instructions with respect to evidence that could, on its face, have at least the potential to relate to a matter that was potentially of concern, relating as it did to the subject of at least, in the instant case, police methodology.

A short time ago I was informed that those instructions have, in fact, been taken and the application is not pursued. In those circumstances, I decline to make any order in relation to the non-publication of the matters that I have referred to. For clarity, I confirm that the interim order thereby comes to an end.