Senate Inquiry into Foreign Corruption & Bribery in Australia

IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
CRIMINAL DIVISION
S CR 2013: 0173, 0174, 0175, 0215
S CR 2014: 0047, 0048, 0049, 0058, 0079, 0080
BETWEEN:
THE QUEEN
-and-
BARRY THOMAS BRADY & ORS

GENERAL FORM OF ORDER

JUDGE: The Honourable Justice Hollingworth
DATE MADE: 19 June 2014
ORIGINATING PROCESS: Indictment
HOW OBTAINED: Oral application, following the giving of notice under s 10 of the Open Courts Act 2013 (Vic)
ATTENDANCE: Dr S Donaghue QC and Mr J Forsaith for the Commonwealth of Australia (instructed by the Department of Foreign Affairs and Trade)
Mr J Forsaith for the Commissioner of the Australian Federal Police
Mr N Robinson QC and Mr K Armstrong for the Commonwealth Director of Public Prosecutions
Mr M Cahill for Barry Thomas Brady
Mr C Mandy for Peter Sinclair Hutchinson
Mr C Thomson for John Leckenby
Mr P Tehan QC for Steven Kim Wong
Mr P Higham for Christian Boillot and Clifford John Gerathy
Ms M Fox for Myles Andrew Curtis



THE COURT ORDERS THAT:
1. Subject to further order, there be no disclosure, by publication or otherwise, of any information (whether in electronic or paper form) derived from or prepared for the purposes of these proceedings (including the terms of these orders, and the affidavit of Gillian Elizabeth Bird affirmed on 12 June 2014) that reveals, implies, suggests or alleges that any person to whom this order applies:
o received or attempted to receive a bribe or improper payment;
o acquiesced in or was wilfully blind as to any person receiving or attempting to receive a bribe or improper payment; or
o was the intended or proposed recipient of a bribe or improper payment.
2. Subject to further order, order 1 applies to the following persons:
o any current or former Prime Minister of Malaysia (including refereces to 'PM');
o any current or former Deputy Prime Minister of Malaysia (including references to 'DPM');
o any current or former Finance Minister of Malaysia (including references to 'FM');
o Mohammad Najib Abdul Razak, currently Prime Minister (since 2009) and Finance Minister (since 2008) of Malaysia;
o Abdullah Ahmad Badawi (also known as Pak Lah), a former Prime Minister (2003 - 2009) and Finance Minister (2003 - 2008) of Malaysia;
o Puan Noni (also knows as Ms/Madame Noni, or Nonni), a sister-in-law of Abdullah Ahmad Badawi;
o Mahathir Mohamed, a former Prime Minister (1981 - 2003) and Finance Minister (2001 - 2003) of Malaysia;
o Daim Zainuddin, a former Finance Minister of Malaysia (1984 - 1991; 1999 - 2001);
o Rafidah Aziz, a former Trade Minister of Malaysia (1987 - 2008);
o Hamid Albar, a former Minister for Foreign Affairs (1999 - 2008) and Minister of Home Affairs (2008 - 2009) of Malaysia;
o Susilo Bambang Yudhoyono (also known as SBY), currently President of Indonesia (since 2004);
o Megawati Sukarnoputri (also known as Mega), a former President of Indonesia (2001 - 2004) and current leader of the PDI-P political party;
o Laksamana Sukardi, a former Indonesian minister (2001 - 2004; in Megawati Sukarnoputri's goverment);
o Truong Tan San, currently President of Vietnam (since 2011);
o Nguyen Tan Dung, currently Prime Minister of Vietnam (since 2006);
o Le Duc Thuy, a Former Chairman of the National Financial Supervisory Committee (2007 - 2011) and a former Governor of the State Bank of Vietnam (1999 - 2007); and
o Nong Duc Manh, a former General Secretary of the Communist Party of Vietnam (2001 - 2011).
3. Subject to further order, order 1 does not prevent:
o disclosures to and among Commonwealth officers (as defined by s 3 of Crimes Act 1914 (Cth)) or international investigators, international prosecuting authorities, and other like international entities;
o provision by the Court to registered media organisations, under cover of a notice referring to the existence of these orders, of transcript and exhibits (which, for the avoidance of doubt, must then be treated in accordance with order 1 above);
o