Suppression Orders

A recent Western Australian case has foccussed attention on some problems that can arise from the use of suppression orders in well-publicised court cases. A letter to the Council (name and address supplied but withheld on request) points out some of the difficulties. The letter is reproduced here in the hope of stimulating debate on the issue.

During the recent "suppressed memory" sex trial in Bunbury, WA, the defendant's name was suppressed by order of the court.

The media, print and electronic, skirted this order by referring to him as a 65 (or 62, depending on the stage of the trial) year old retired teacher (principal), with daughters, living in [a WA town].

This description approximates to me, and at least two other men.

Consequently I have been subjected to 'smart' comments from acquaintances, and have also been advised by one 'reliable' source (he heard it at the local yacht club bar) that Mr A is the man. Another 'reliable' source (I think it came from a bridge gathering) told me it was Mr B.

In fact it is neither.

I fear that equally 'reliable' sources may have implicated me, [the town] being a small community.

When two lawyers advised me that they felt there was a case for defamation, I relayed my concern to the outlets involved: The West Australian, The South West Times, a local television station and ABC radio.

All were courteous and, in effect, said, "We get your point," and subsequent reports were more general, e.g. "65 year old [town] man".

On the final day of the trial, however, ABC TV, which I had not approached, referred to a "65 year old retired school principal of [town]".

I believe The Australian reported in like fashion.

After the trial, I wrote of my concern to Justice Seaman, the trial judge. He appreciated the situation and offered to make a clarifying statement to the press. I was not interested in that kind of publicity, and I was pleased to be advised that he would forward my letter to the Court's Chairman of the Criminal Practice and Procedures Committee.

I do not expect or seek redress, but write to the Press Council in the hope that guidelines may be established so that innocent people are not harmed when reports are made on cases where names have been suppressed.

see also
Suppression Orders
(Article on a court decision on naming names)

Guidelines on suppression of names -
GPR 50 and GPR 53

Index of Material on Courts and Contempt

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