Robin Smith

Mr Smith was denied access to his own court transcript due to copyright concerns raised by Smith’s solicitor. This has restricted Mr Smith’s ability to make informed decisions in regards to his impending appeal.

Mr Smith’s solicitor has informed Justice Action that Mr Smith is allowed a hard copy of the transcript, however, only after the appeal. A digital copy could not be provided. Nevertheless, this copyright concern outlined by Mr Smith’s solicitor is inconsistent with the principles and rules outlined on the official NSW Court websites, where it states that:[1]

The parties to the proceedings or the legal representatives are entitled to obtain a copy of a transcript for a set fee.

It is essential to have access to transcripts and other materials in order to prepare the best possible case for the accused and ensure his right to a fair trial.

[1] NSW Department of Justice, Court Transcripts (Web Page, 20 April 2016) <www.courts.justice.nsw.gov.au/Pages/cats/support/transcripts.aspx>.


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