Suppression orders a contempt for jurors

Posted on July 24 2010 by admin

THERE is only one way to prevent suppression orders from being abused: retrain the judges.
The application of judicial discretion is the basis for suppression orders. And the Farquharson case shows judicial discretion needs a far more rigorous foundation.

This case has so skewed the law on suppression orders that the only way forward is to alter the judicial mindset.

The case has given Australia a legal precedent that means all newspapers are at risk when they carry court reports from other states about unrelated matters.

Based on this ludicrous precedent, a report of a rape trial in Brisbane might now generate legal proceedings in Melbourne because — under the Farquharson precedent — it could confuse jurors dealing with an unrelated rape trial.
Full story The Australian

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