Idea Transcript
HER HONOUR: I see that Mr Dawson is in Court. Mr Dawson do you appear for Channel Seven? DAWSON: I do. HER HONOUR: Please understand that I have not summoned Channel Seven for the purpose of addressing me. I have summoned Channel Seven to enable me to address Channel Seven and for a reason I am about to explain it is extremely important that you don't respond to what I am saying. I am not calling on you to make any response, I am calling upon you to ensure that you understand the information I am giving you. DAWSON: As your Honour pleases. Can I say-HER HONOUR: Mr Dawson, I don't want you to say anything until I download why it is important for you not to tell me things. DAWSON: If your Honour pleases. HER HONOUR: If you still feel there is something you want to say, which I hope there isn't, I will hear from you, but please listen carefully to the reason I don't want you to say anything at the moment. Let me tell you some important information. This is a murder trial. It is a trial by a judge alone. It is a trial in which the accused is presently on bail. The information I have received is this: This morning a female who identified herself as a journalist from Today Tonight approached the accused as he approached court. She had a microphone and cameras or a camera crew with her. She posed questions to the accused about evidence he has given in court calling upon him to explain or respond to aspects of that evidence. There is a trailer promoting the broadcast of a television program about this trial tonight on Today Tonight. I have deliberately asked those in court not to tell me what the trailer promotes because this is a trial by a judge alone and I don't want to know. But I have been told that it promotes "explosive new evidence". As a result of the email I caused to be sent to Vanda Carson this morning, a response - or perhaps in response to things said in court, Ms Carson communicated with the Court's public information office to the effect that it is not proposed to broadcast anything that has not been in evidence in the trial and apologising for any offence caused by an approach to the accused. The terms of that email reveal to me that she has missed the point. The point is not that the accused wishes to have an apology, the point is that this is his trial on a charge of murder in which he has given sworn evidence and been cross-examined. There is no guarantee that he will not be required to be called to give evidence again and an approach to him by a journalist with microphones and cameras is conduct which in my view is capable of being contended to amount to an interference with the administration of justice, since he is still a potential witness in his own defence. Further, he was in the company of other people, some of whom are potential witnesses in his defence. The prospect that any of that footage might be broadcast on national television tonight during the conduct of his defence is also in my view conduct capable of being characterised or contended to amount to an interference with the administration of justice since, if he does have to give evidence again, he may feel some apprehension about the
evidence he would give, the questions posed to him by the journalist, the prospect of the footage being shown, the prospect of the Crown making some use of the footage and other dimensions about which I can't speculate. I don't call on you to answer this now but I do wish to have an answer to this at some point. I seek an undertaking from Channel Seven that any footage taken of the accused or any person associated with his legal team on his approach to court this morning will not be used in any broadcast tonight. I seek an undertaking from Channel Seven that any reporting of this trial will include no speculation about evidence that might come in the trial and no reporting of anything other than what is properly characterised as evidence in the trial. Mr Dawson, you know what that means, it means answers to questions on oath or affirmation, documents, videos or other items tendered as exhibits in the trial and nothing else. Would you please take instructions as to whether Channel Seven will give those undertakings? DAWSON: I think I am in a position to do it but I will just to confirm my instructions. May I have one moment? As I expected I am instructed to offer all of those undertakings. HER HONOUR: Thank you. Mr Crown, would you wish to add anything to that? CROWN PROSECUTOR: No, your Honour. HER HONOUR: Mr Strickland would you wish to add anything to that? STRICKLAND: No, your Honour. HER HONOUR: Mr Dawson, I don't think it is appropriate for you to say anything further and I am in the middle of the trial and I don't really want to interrupt it. DAWSON: As your Honour pleases. HER HONOUR: I don't think it is appropriate for you to make any response to the information I have received for two reasons, it is not the occasion for it, we are in the middle of a criminal trial and, secondly, I am very concerned about you providing me with any information I shouldn't have because it is a trial by a judge alone. If any consequences flow from this, Channel Seven will have a full opportunity to make its answer at that point. This is not the forum or occasion for that answer. DAWSON: There were some things that I was going to say but in light of what has fallen from your Honour, I will not press it. HER HONOUR: Thank you for attending, Mr Dawson. DAWSON: May I be excused? HER HONOUR: Yes.