South Australia’s Chief Justice, Chris Kourakis, has declined to disclose the reasons for his recusal from the Operation Ironside case, stating that his decision “was not a judgment or order” and does not require release.
The decision was made in response to requests for the sealed reasons following his recusal in the case involving two alleged users of the AN0M app.
Kourakis explained that revealing his reasoning “at this point in time” could compromise the proper administration and enforcement of criminal law.
His refusal contrasts with previous rulings where he emphasised the principle of open justice and the public’s right to access court documents.
The Advertiser had reportedly sought access to Kourakis’ reasons for recusal, arguing that the same principles from a previous case, in which he ruled to allow public access to documents, should apply.
However, Kourakis clarified that a recusal is a decision not to continue hearing a case, and as such, it does not constitute a judgment or order.
Kourakis further noted that his recusal was made to preserve procedural fairness, and, under Section 131 of the Supreme Court Act, permission is required to access his reasons.
He ultimately denied this request, citing concerns over the potential impact on the ongoing enforcement of criminal law.
Source: The Advertiser.
