CONTEMPT CASES
ABC
NSW Court of Appeal
May, 1994
Sub judice contempt - proceedings for
contempt against ABC brought by Civil Aviation Authority - material broadcast
on ABC's Radio National during coronial inquest into Monarch Airlines aircraft
crash - ABC to challenge power of CAA to commence contempt proceedings.
ABC
NSW Court of Appeal
June 20, 1994
Sub judice contempt - proceedings for
contempt against ABC brought by Civil Aviation Authority - material broadcast
on ABC's Radio National during coronial inquest into Monarch Airlines aircraft
crash - decision on contempt reserved.
ABC
Civil Aviation Authority v Australian
Broadcasting Corporation
NSW Court of Appeal
June 29, 1995
Sub judice contempt - ABC not in contempt
of coronial inquest - contempt proceedings against ABC brought by Civil
Aviation Authority - CAA has power to bring contempt proceedings - material
broadcast on ABC's Radio National during coronial inquest into Monarch
Airlines aircraft crash.
ABC
- Chris Nicholls
April 19, 1993
Refusal to disclose source for story
on SA minister's conflict of interest - Chris Nicholls of the ABC jailed
for four months for contempt of SA District Court.
ABC
- Chris Nicholls
July, 1995
Review of Chris Nicholls' book, "Whistling
in the Dark" by Brian Toohey - book describes Nicholls' refusal to disclose
source for story on SA minister's conflict of interest, and consequences
of story.
"Advertiser"
- David Hellaby
State Bank of SA v Hellaby
Full Court of SA Supreme Court
November 12, 1992
Unsuccessful appeal by David Hellaby
against order of SA Supreme Court, on application by State Bank, to disclose
documents relevant to two stories on State Bank coverup - newspaper rule
- rule 60.01 of Supreme Court Rules.
"Advertiser"
- David Hellaby
May 14, 1993
David Hellaby of "The Advertiser" fined
$5,000 over contempt of SA Supreme Court - refusal to disclose source for
two stories on State Bank coverup.
"Age"
Full Court of WA Supreme Court
February, 1997
Sub judice contempt - "The Age" convicted
of contempt but no penalty imposed - article published in "The Age" after
jury empanelled for Rothwells fraud trial of Laurie Connell but before
trial commenced - article reported Connell's application for discharge
of jury as result of publication of articles in "The West Australian" and
"The Australian" - publication contravened suppression order under s635(2)(a)
of the WA Criminal Code.
"Age",
"Australian", ABC, "Mercury"
June, 1996
Sub judice contempt - Tasmanian Director
of Public Prosecutions proposed to charge "The Age", "The Australian",
ABC TV News and "The Mercury" with contempt over coverage of Port Arthur
massacre - publications took place after Martin Bryant charged with murder.
ASIO
officer, unnamed
The Registrar v Unnamed Respondent
Supreme Court of ACT
March 16, 1994
Contempt in the face of the court -
unnamed ASIO officer guilty of contempt after taking photograph in Supreme
Court foyer during trial over Iranian Embassy attack - ASIO officer fined
$1,000.
"Australian"
February, 1997
Sub judice contempt - Nationwide News
charged with contempt - article published in "The Australian" on first
day of fraud trial of Alan Bond - jury empanelled at time of publication
- article referred to Bond's hidden art treasures.
"Australian"
The Queen v Nationwide News Pty Ltd;
ex parte Commonwealth Director of Public Prosecutions
Full Court of WA Supreme Court
May 16, 1997
Sub judice contempt - Nationwide News
guilty - story in "The Australian" published on first day of fraud trial
of Alan Bond - report on Bond's hidden art treasures.
"Australian"
- Brendan Cormick
Full Court of WA Supreme Court
February, 1997
Sub judice contempt - Nationwide News
fined $10,000 and journalist, Brendan Cormick, convicted but no penalty
imposed - story published in "The Australian" after jury empanelled for
Rothwells fraud trial of Laurie Connell but 9 days before trial scheduled
to commence - article referred to previous criminal conviction for conspiracy
to pervert the course of justice involving jockey Danny Hobby.
"Australian"
- Mark Westfield
The Queen v Nationwide News Pty Ltd
Supreme Court of Victoria
February 18, 1998
Sub judice contempt - Nationwide News
Pty Ltd, publisher of "The Australian", fined $75,000 and journalist Mark
Westfield fined $10,000 - printer, Graham Woodroffe, found guilty of contempt
but no penalty imposed - story publishing during fraud trial of Brian Quinn
- story commented on credibility of accused as a witness.
R
v Bell
NSW Court of Criminal Appeal
October 8, 1998
Prejudicial pre-trial publicity - refusal
to order permanent stay of criminal trial of alleged paedophile Philip
Bell on ground of prejudicial pre-trial publicity - warning to judges not
to be too trigger-happy in discharging juries.
Channel
7 TVW and "Sunday Times" - Geoff Parry and Martin Saxon
Full Court of WA Supreme Court
December, 1996
Geoff Parry of TVW Channel 7 and Martin
Saxon of "The Sunday Times" charged with contempt for refusing to answer
questions before Easton Royal Commission which would identify source -
decision reserved.
Channel
7 TVW and "Sunday Times" - Geoff Parry and Martin Saxon
Full Court of WA Supreme Court
June, 1997
Geoff Parry of TVW Channel 7 fined $5,000
and Martin Saxon of "The Sunday Times" fined $1,000 over contempt of Easton
Royal Commission - refusal to answer questions which would identify source.
Channel
7 TVW - Geoff Parry and Mark Thompson
The Queen v Thompson, Parry and TVW
Enterprises Ltd
Supreme Court of WA
February 1, 1989
Sub judice contempt - Channel 7 in Perth
fined $7,500, journalist Mark Thompson fined $1,000 and news editor Geoffrey
Parry fined $3,000 for contempt - news story broadcast referred to prior
criminal convictions of accused, Neil Hardes, during trial - trial aborted.
Channel
10
NSW Attorney General v Television &
Telecasters (Sydney) Pty Ltd
Supreme Court of NSW
Justice James
September 10, 1998
Sub judice contempt - Channel Ten reported
part of murder trial of David John Patrick Zammit in absence of jury (being
an application during trial for discharge of jury) - jury discharged following
broadcast - Channel Ten not guilty as broadcast would not have had real
tendency to interfere with course of justice - first NSW sub judice contempt
case heard by Supreme Court judge sitting alone and not by Court of Appeal.
Harkianakis
v Skalkos
NSW Court of Appeal
October 15, 1997
Sub judice contempt - private prosecution
over story in contempt of defamation proceedings - Foreign Language Publications
Pty Ltd fined $10,000 and managing director, Theodore Skalkos, fined $2,000
- story published in Greek language newspaper, "New Country", about defamation
action brought by head of Greek Orthodox Archdiocese of Australia.
Arthur
Harris
Perkins v Harris
NSW Court of Appeal
June 6, 1994
Private prosecution for criminal contempt
over comments linked to defamation action - racing odds assessor Arthur
Harris not guilty of contempt for allegedly threatening private detective
Tim Bristow if he gave evidence against Harris in a defamation action against
Kevin Perkins, author of book, "The Gambling Man".
"Herald-Sun"
- Piers Ackerman
R v Herald & Weekly Times Ltd
Supreme Court of Victoria
April 15, 1996
Sub judice contempt - Herald & Weekly
Times Ltd fined $15,000 and editor of "The Herald-Sun", Piers Ackerman,
fined $1,000 - no penalty for printer or editor-in-chief - two reports
on prisoner, Gregory Brazel, making death threats by telephone - publication
took place one month before trial of two murder charges.
Derryn
Hinch and Channel Ten's conviction for identifying child sex assault victim
upheld
February 7, 1996
Victorian Court of Appeal upheld convictions
of Derryn Hinch and Channel Ten for identifying child sex assault victim
- s4(1A) of Victorian Judicial Proceedings Reports Act 1958.
Derryn
Hinch - Channel 10
Director of Public Prosecutions v Hinch
and Telecasters (Melbourne) Pty Ltd
Supreme Court of Victoria
August 5, 1994
Publication of name of child sexual
assault victim - Derryn Hinch and Channel Ten in Melbourne guilty of contempt
- breach of Victorian Judicial Proceedings Reports Act 1958 - consent to
publication granted by child.
"Illawarra
Mercury" identified child in sexual assault report to child's family, not
community at large
DPP v Illawarra Newspaper Holdings Pty
Ltd
NSW Local Court
December 12, 1996
Magistrate Paul Johnson dismissed charges
against Illawarra Newspaper Holdings Pty Ltd under s11 of NSW Children's
(Criminal Proceedings) Act 1987 - "The Illawarra Mercury" published blackened
photo of man accused of sexual assault with sketch on wall identifying
alleged child victim - magistrate ruled that publication which identifies
child in criminal proceeding is only prohibited where that identity is
conveyed to community at large, not just to that child's immediate family.
"International
Herald Tribune"
February 1995
Scandalising the court - contributor
to "International Herald Tribune", Dr Christopher Lingle fined $S10,000
($9,804), editor fined $S5,000 ($4,902), publisher fined $S2,500 ($2,450)
and distributor and printer fined $S1,500 each ($1,470) - Singapore Attorney
General, Chan Sek Keong, commenced contempt proceedings - article referred
to political bias of judiciary.
Jeff
Kennett, Victorian Premier
June 1996
Sub judice contempt - Victorian Attorney
General not to prosecute Premier Jeff Kennett for contempt over speech
at Liberal Party State Council - statement that inquiry into John Elliott
by National Crime Authority was politically motivated, made during submissions
to court on criminal charges against Elliott for theft, conspiracy to defraud
and giving false evidence to NCA - jury not empanelled and trial not yet
commenced at time of publication.
"Northern
Star"
Registrar of Court of Appeal v Northern
Star Ltd
NSW Court of Appeal
October 14, 1994
Sub judice contempt - Northern Star
Ltd fined $20,000 for contempt - article published on first day of criminal
trial of Peter Blanch for armed robbery, kidnapping and stealing, which
referred to previous criminal convictions - trial aborted.
"Sun-Herald"
- Chris Murphy
NSW Court of Appeal
October 21, 1994
Sub judice contempt - John Fairfax Group
Pty Ltd and Chris Murphy, columnist for "The Sun-Herald", guilty of contempt
- story referred to prior conviction of Jimmy Murray during criminal trial
- trial aborted - reports of contempt judgment in "The Daily Telegraph-Mirror",
"The Sydney Morning Herald" and "The Australian" published during another
criminal trial of Murray, which was aborted.
"Sun-Herald"
- Chris Murphy
Registrar of the Court of Appeal v John
Fairfax Group Pty Ltd
NSW Court of Appeal
February 23, 1995
Sub judice contempt - penalty - John
Fairfax Group Pty Ltd and "Sun-Herald" columnist Chris Murphy guilty of
contempt but no fines - article published during criminal trial of Jimmy
Murray which referred to previous criminal conviction - publication was
unintentional.
"Sydney
Morning Herald" - Deborah Cornwall
Supreme Court of NSW
May 3, 1993
Deborah Cornwall of "The Sydney Morning
Herald" charged with contempt of NSW Independent Commission Against Corruption
- decision reserved - refusal to identify source for story on police corruption
- decision reserved.
"Sydney
Morning Herald" - Deborah Cornwall
Independent Commission Against Corruption
v Cornwall
Supreme Court of NSW
September 8, 1993
Deborah Cornwall of "The Sydney Morning
Herald" guilty of contempt against ICAC for refusing to identify source
for story on police corruption - sentence of two months' imprisonment suspended
on undertaking voluntary work at community legal centre.
"Truth"
- Edward Williams
The Queen (Director of Public Prosecutions)
v Truth Newspapers Pty Ltd
Supreme Court of Victoria
December 16, 1993
Sub judice contempt - proprietor Truth
Newspapers Pty Ltd fined $15,000, publisher of "The Truth" Owen Thomson
fined $5,000, editor Geoffrey Hawthorne fined $5,000 and journalist Edward
Williams fined $3,000 - report in "The Truth" on trial of policeman, Paul
Higgins, for conspiracy to pervert course of justice, published during
trial.
2UE
- John Laws
NSW Court of Appeal
June, 1996
Sub judice contempt - Sydney radio station
2UE and John Laws charged with contempt and contempt trial adjourned -
broadcast described man accused of murder as "absolute scum" and "pig"
during trial - jury discharged.
2UE
- John Laws
NSW Attorney General v Radio 2UE Sydney
Pty Ltd and Laws
NSW Court of Appeal
October 16, 1997
Sub judice contempt - Sydney radio station
2UE and John Laws guilty of contempt - broadcast described man accused
of murder as "absolute scum" and "pig" during trial - jury discharged.
2UE
- John Laws
NSW Attorney General v Radio 2UE Sydney
Pty Ltd and Laws
NSW Court of Appeal
March 11, 1998
Sub judice contempt - Sydney radio station
2UE fined $200,000 and John Laws fined $50,000 for contempt - record penalty
for Australia - broadcast described Michael Connolly, accused of murder,
as "absolute scum" and "pig" during trial - jury discharged.
"West
Australian"
February, 1997
West Australian Newspapers Ltd charged
with contempt over publication of two reports in "The West Australian"
allegedly likely to identify a child in proceedings before WA Children’s
Court - reports on boy detonating home made bomb at birthday party
- s35(1) of Children's Court of WA Act 1988.
"West
Australian"
Full Court of WA Supreme Court
November, 1997
Contempt charges against West Australian
Newspapers Ltd over two reports allegedly likely to identify child in WA
Children's Court proceedings dismissed - reports on boy detonating home
made bomb at birthday party - s35(1) of Children's Court of WA Act 1988.
"West
Australian" - Paul Murray - Torrance Mendez
The Queen v West Australian Newspapers
Ltd; ex parte Director for Public Prosecutions for WA
Full Court of WA Supreme Court
July 10, 1996
Sub judice contempt - "The West Australian"
fined $25,000, editor Paul Murray fined $5,000 and reporter Torrance Mendez
to pay costs - record penalty for WA - article published after jury empanelled
for Rothwells fraud trial of Laurie Connell but 11 days before trial scheduled
to commence - article referred to previous criminal conviction over "Kalgoorlie
Sting".
"West
Australian" - Paul Murray - Torrance Mendez
High Court of Australia
February, 1997
Sub judice contempt - application for
special leave to appeal from contempt conviction by Full Court of WA Supreme
Court dismissed - "The West Australian" fined $25,000, editor Paul Murray
fined $5,000 and reporter Torrance Mendez to pay costs - record penalty
for WA - article published after jury empanelled for Rothwells fraud trial
of Laurie Connell but 11 days before trial scheduled to commence - article
referred to previous criminal conviction over "Kalgoorlie Sting".
"Who
Weekly" - Thomas Moore
NSW Attorney General v Time Inc Magazine
Co Pty Ltd
NSW Court of Appeal
June 22, 1994
Sub judice contempt - injunction granted
to suppress publication of "Who Weekly" magazine with photograph of Ivan
Milat, accused of backpacker murders, and story - photograph appeared on
magazine cover after Milat charged but before committal hearing had begun.
"Who
Weekly" - Thomas Moore
NSW Attorney General v Time Inc Magazine
Co Pty Ltd
NSW Court of Appeal
September 15 , 1994
Sub judice contempt - Time Inc Magazine
Co Pty Ltd and "Who Weekly" editor Thomas Moore guilty of contempt - photograph
published of Ivan Milat, accused of backpacker murders - photograph appeared
on magazine cover after Milat charged but before committal hearing had
begun.
"Who
Weekly" - Thomas Moore
NSW Attorney General v Time Inc Magazine
Co Pty Ltd
NSW Court of Appeal
October 21, 1994
Sub judice contempt - Time Inc Magazine
Co Pty Ltd and "Who Weekly" editor Thomas Moore guilty of contempt - Time
Inc fined $100,000 and Thomas Moore, fined $10,000 - photograph of Ivan
Milat, accused of backpacker murders, published on magazine cover after
Milat charged but before committal hearing had begun.
"Who
Weekly" - Thomas Moore
High Court of Australia
May, 1995
Sub judice contempt - special leave
to appeal to High Court against contempt convictions of Time Inc Magazine
Co Pty Ltd and "Who Weekly" editor, Thomas Moore, refused - publication
of photograph of Ivan Milat, charged with "backpacker murders" - Time Inc
fined $100,000 and Moore fined $10,000 - photograph appeared on magazine
cover after Milat charged but before committal hearing had begun.
CONTEMPT LEGISLATION
NSW
Costs in Criminal Cases Amendment Bill
November, 1997
Comments on NSW Costs in Criminal Cases
Amendment Bill by Professor Michael Chesterman of University of NSW and
Commissioner-in-Charge of Australian Law Reform Commission's report on
contempt.
Victorian
Public Prosecutions Bill
July 1, 1994
Attorney General to take over Director
of Public Prosecutions' power to prosecute for contempt of court, where
contempt involves interference with due administration of justice.
CONTEMPT - MISCELLANEOUS
Penalties
for sub judice contempt
March, 1995
Roy Williams comments on determining
penalties for sub judice contempt.
Warning
to media - NSW Supreme Court - murder trial of Ivan Milat for backpacker
murders
February, 1995
Sub judice contempt - judicial warning
on photographs of accused - NSW Supreme Court issued warning to media at
committal hearing of Ivan Milat for backpacker murders.
Warning
to media - Tasmanian Supreme Court - murder trial of Martin Bryant for
Port Arthur massacre
February, 1997
Sub judice contempt - judicial warning
on pre-sentence publications - Chief Justice of Tasmanian Supreme Court
issued warning to media - risk of contempt proceedings following Martin
Bryant's plea of guilty over Port Arthur massacre, and prior to sentencing.