Adjudication No. 812 (September 1995) [1995] APC 42

ADJUDICATION No. 812 (September 1995)

"It is a little more than 20 years since politicians such as Premier Sir Robert Askin and senior police extorted bribes from organised criminals, particularly those running illegal casinos ...," The Sun[Dhatch]Herald by[Dhatch]lined journalist covering the NSW Police Royal Commission reported on 9 July 1995.

Lionel Britton complains that this assertion is made without evidence.

This assertion, and the premise on which it is based, is not new and has been published before. As it has ruled previously, in matters relating to the Askin debate, the Council believes The Sun[Dhatch]Herald did not breach acceptable standards in publishing the journalist's opinion. (The Council does not, of course, rule on whether such opinions are true.)

Mr Britton also complains that there is an "inescapable inference" in the assertion that Sir Robert Askin's colleagues and government were also corrupt.

After carefully considering the text, the Council cannot agree that the newspaper, by necessary inference, condemned Sir Robert's colleagues and, indeed, the Askin government. The writer is referring to unnamed politicians and senior police from an undefined period which ended a little more than twenty years ago.

Thus the "politicians" include those from earlier government and other parties. The newspaper is referring to the existence of illegal casinos allegedly tolerated in return for graft paid to politicians and senior police. This era is, and no doubt will continue to be, a subject for research and vigorous debate.

Mr Britton further complained that the newspaper, on 23 July 1995, unfairly opened and closed correspondence on the Press Council's Adjudication No. 799 about the paper's treatment of Sir Robert, giving unfair prominence to one letter published.

The newspaper published four letters in its "MAILBAG", under the heading "The Askin debate". The letters came from a former NSW Premier, Sir Eric Willis (published in bold type, in the top left column); Mike Carlton, a well known broadcaster and columnist (published across three columns at the top); Geoffrey Reading, formerly Press Secretary to Sir Robert and the complainant in Adjudication No. 799 (published in two columns onthe left under Sir Eric's letter); and Richard Ackland, well-known broadcaster, writer and legal publisher (bold type, bottom left, under Mr Reading's letter). At the foot of Mr Ackland's letter was published (in bold and larger type), "EDITOR'S NOTE: This correspondence is now closed". (The remainder of the page was taken up with an advertisement.)

The Council does not believe that the placement of the letters gave unfair emphasis to any one of them and any comment critical of Sir Robert was balanced by two letters giving opposite views. Also given the extensive treatment of the issue in its pages, it was not unfair of the newspaper to close the correspondence at this stage.

The Sun[Dhatch]Herald subsequently published an article which analysed the Press Council's adjudication. In this article, the Press Council's Chairman explained the Council's process and the standards it applied. The article did not take a position on the substantive question of whether Sir Robert was corrupt.

The complaint is not upheld.