Adjudication No. 422 (October 1989) [1989] APC 35

ADJUDICATION No. 422 (October 1989)

Mr Neil Wilkinson of Maroochydore, Queensland, complains to the Australian Press Council concerning a series of articles which appeared in the Illawarra Mercury. These related to the decision of a Maroochydore magistrate not to extradite a man to answer charges of alleged sexual abuse of children between 1964 and 1970. In particular the article of 4 March 1989 is a strong attack on the magistrate's decision. It was published under the title "Kiama sex charges farce THIS MAN MUST ANSWER". It was an editorial comment. There was also a page one interview with an alleged victim.

Mr Wilkinson, who was the solicitor for the accused, complains that the Mercury did not meet appropriate standards of journalism. In particular, the editorial was written without the benefit of a full transcript of the magistrate's decision.

The Council believes that as the editorial contained such a vitriolic attack on the magistrate and his decision it would have been proper to have relied on a full copy of the judgement. Further, while a newspaper may legitimately campaign for the investigation and the prosecution of alleged crimes even those which may have happened many years ago, this should not be done in a way which would prejudice a fair trial or the likelihood of such a trial.

The complaint is upheld.