Adjudication No. 1131 (July 2001) [2001] APC 32

Adjudication No. 1131 (July 2001)

The Australian Press Council has upheld complaints from Ross and Narelle Magin about an article which appeared in the Kurri Kurri & Weston Independent on 30 January 2001.

In what purported to be a light-hearted report of proceedings in the Cessnock Magistrates Court, the following assertions were made:

• that Mr Magin was attempting to get an Apprehended Violence Order (AVO) against "the opposition";
• that Mr Magin told the Court he ran an escort agency; and
• that members of the public gallery had shouted out that Mr Magin ran a brothel.

Mr Magin says that all of these assertions are untrue. His account is confirmed by Court records including a tape of the Court proceedings of the relevant day. The Court records disclose Mr Magin was not present in Court, that he did not bring an application for an AVO, that no mention was made of an escort agency nor was any mention made of him running a brothel.

Additionally, the article asserted that Mr and Mrs Magin run the Takeaway Food Shop. Mr Magin also says that this is untrue and that the shop is in fact owned and operated by his daughter.

Despite being contacted a number of times by the Council, the newspaper has failed to respond to the complaints. On all the material placed before it, and in the absence of any defence from the newspaper, the Press Council finds that the story about the Court proceedings was untrue. It also finds that the assertion Mr and Mrs Magin run the Takeaway Food Shop to be untrue.

In the circumstances of this case the Press Council upholds the complaints. Mr and Mrs Magin deserve an apology from the newspaper.