Lawyers for Bondi gunman Naveed Akram failed in their attempt to secure a suppression order to protect the identities of his mother and siblings.
The court heard the family had been living in “constant fear” and had experienced harassment, but noted key details were already publicly available after Akram’s licence circulated online.
Media organisations had opposed the request, with barrister Matthew Lewis SC arguing it would be ineffective and unenforceable.
Public defender Richard Wilson SC said Akram’s mother and siblings were living in “constant fear”, facing death threats, stalking and intimidation, and sought to have details such as their identities, addresses and workplaces suppressed. He argued that they faced serious threats and a risk of vigilante violence.
On Thursday, judge Hugh Donnelly dismissed the application, stressing the importance of open justice and noting the order would only apply within Australia. He described the case as “exceptional by virtue of the sheer magnitude and intensity of the commentary” online, adding it “may be unfortunate” that personal details had already been shared, but enforcement had not been clearly addressed.
Referring to Akram’s mother speaking publicly, he said, “The court is not critical of her decision to talk to the media”, but found suppression would serve little purpose.
The court noted that the relatives’ names and workplaces were not included in the alleged police facts, and they were not expected to be called as witnesses. “It is hard to see how a fair and accurate report of the proceedings will involve them, they have little relevance to the case,” the judge said.
Akram, 24, faces nearly 60 charges over the Bondi Beach attack, including 15 counts of murder and terrorism offences.
His father, Sajid Akram, was shot dead by police on the day.
The court heard the family felt “somewhat under siege” amid media attention and ongoing threats. The family claimed they were “very afraid” of what would happen each time the court case generates attention.
“We live in constant fear someone will harm us or set our house on fire. I fear for my life and the lives of my children,” the mother of Bondi gunman wrote in material before the court.
Judge Donnelly said the court was “not intending to minimise what might be described as vigilante conduct by members of the public” but must decide the application according to law.
He said that widespread coverage of the case was “inevitable”.
Matthew Lewis SC, who acted on behalf of news organisations, said the “cat is well and truly out of the bag” regarding the Akram family’s address after an image of Akram’s driver’s licence was leaked online hours after the 14 December attack, adding that most news outlets had reported only the suburb, not the exact address. The case will return to court next Wednesday.
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