Adjudication No. 1149 (January 2002) [2002] APC 4

Adjudication No. 1149 (January 2002)

The Australian Press Council has dismissed a complaint from John Dobinson against the Progress Leader newspaper, publishing in the eastern suburbs of Melbourne, that it suppressed relevant facts relating to the condition of walkways in the Camberwell Fresh Food Market and had been influenced in its decision by commercial considerations.

The key relevant fact cited by Mr Dobinson is an engineer's report commissioned by him in which an expert consultant offers the opinion that a section of walkway in the Camberwell market was below the relevant minimum Australian Standard required. The opinion was commissioned for a legal action brought by Mr Dobinson on behalf of his 84 year old mother who had slipped and hurt herself at the market some six years previously.

The Australian Press Council can find no evidence that the Progress Leader did not honestly and fairly present information about the situation. A letter from Mr Dobinson was published on 12 June 2001 referring in detail to the issue and a report of a $6,000 out-of-court settlement between the Boroondara Council and Mrs Dobinson was published on 19 November 2001. In both instances the condition of the flooring at the market features in the published material. Staff at the newspaper had a number of meetings with Mr Dobinson and much correspondence was provided. The newspaper said it made an editorial decision not to report the consultant's opinion because it was advised it would be used in a court case, prosecuted by Mrs Dobinson, at which the paper did not expect a reporter to be present. It was entitled to make such a decision.