Adjudication No. 718 (May 1994) [1994] APC 27

ADJUDICATION No. 718 (May 1994)

The Australian Press Council has dismissed a complaint by Mr Noel McNamara against The Border Morning Mail, over its report of a Supreme Court trial, published on 19 May 1993.

At the trial, a Victorian man, Noel John Meyers, was convicted of the murder of Mr McNamara's daughter Tracey, with whom Meyers had a long-term relationship.

Mr McNamara said his family had been caused much pain and suffering by statements in the Border Mail report that:

• the murder took place at "the couple's flat";

• the couple were drunk at the time;

• Ms McNamara might have been the aggressor, and had struck Meyers on the head with a vase.

Mr McNamara said his daughter lived at home with her family, not at Meyers' flat. He had a toxicology report which showed her blood alcohol level as 0.5 gram/100ml.

However, the Press Council accepts that the newspaper report, supplied by the AAP, is based on the sentencing remarks by Mr Justice George Hempel. The transcript shows that the judge said Ms McNamara's alcohol level was between 1 and 1.5 percent, and evidence was given of previous violence on her part against Meyers when she had been drinking. Justice Hempel also said Ms McNamara might initially have been the aggressor, and Meyers had been struck on the head with a vase.

The paper contends that the use of the phrase "the couple's flat" is justified. Although Ms McNamara lived with her parents, she spent nights from time to time at Meyer's flat. This minor inaccuracy is not seen by the Press Council as justification for upholding the complaint.