Adjudication No. 774 (January 1995; issued November 1995) [1995] APC 4

ADJUDICATION NO. 774 (January 1995; issued November 1995)

David Eastman complains that, while The Canberra Times had reported his arrest, the newspaper did not report a subsequent hearing in the Supreme Court of a claim by Mr Eastman that his arrest was illegal. At that hearing the judge ordered Mr Eastman's release. He ruled that the magistrate should not have required Mr Eastman to seek bail but should have first examined his claim that the arrest was illegal and that she not hear the case further.

Subsequently, the Attorney General appealed to the Federal Court and The Canberra Times reported this, referring to the Supreme Court hearing. The newspaper did not report Mr Eastman's name because of pending proceedings.

The Council believes that its principles were not breached by The Canberra Times.

FOOTNOTE: The matter was adjudicated in January 1995 but the Press Council determined not to release the finding until the end of Mr Eastman's recently completed trial lest it interfere with the fairness of those proceedings.