No entitlement to digital recording of criminal proceedings in absence of demonstrated necessity for civil dispute

The Supreme Court allowed an appeal concerning a request by the appellant, a non-party to previous criminal proceedings, for access to the digital audio recording (and transcript) of witness testimony from those proceedings, for use in ongoing civil litigation with a bank. The Court found that neither the appellant nor his co-defendants had established that access to the recording was necessary in the interests of justice or relevant to their case, and held that such access is not a right but is at the court’s discretion, requiring clear evidence of necessity and relevance. The Supreme Court clarified that parties and witnesses with a sufficient interest—including crime victims—must be put on notice where access to records is sought, and that courts may impose strict restrictions on use where access is granted. Here, because the appellant failed to provide sufficient material justifying his request, access was refused and no further transcripts will be provided; however, the previously released transcript remained subject to an undertaking restricting its use.