HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v JOHN FAIRFAX AND SONS LIMITED [1988] NSWCA 62

HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v JOHN FAIRFAX & SONS LIMITED

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, SAMUELS and CLARKE JJA 11 and 14 March 1988, 21 April 1988 [1988] NSWCA 62

CONTEMPT — Woman sexually assaulted and murdered — Public outrage ventilated in media — Five persons ultimately arrested and charged — One of persons arrested a prison escapee and this fact published before arrest and during but not after committal proceedings — On afternoon of first day of trial defendant published report of proceedings in Court in newspaper readily available to jurors — Report described the particular accused as prison escapee — In answer to charge of contempt defendant relied upon massive publicity about crime and contempt proceedings, the earlier description of the accused as a prison escapee, the public outrage, matters contained in the Crown Prosecutor's opening, and a warning by the trial Judge to the jury to disregard matters not in evidence including media reports — Whether real risk that published statement would interfere with the administration of justice in relation to trial — Held that contempt had been established beyond reasonable doubt — Warning against publication during trial of statement asserting or suggesting that accused person has been convicted of or has committed a crime.

ORDERS 1. Declaration that opponent is guilty of contempt as charged. 2. Further hearing of proceedings adjourned to a date to be fixed by Registrar.

Hope JA On the night of 2 February 1986 Mrs Anita Lorraine Cobby was sexually assaulted and brutally murdered. Her body was found a few days later and the appalling circumstances of the tragedy produced an understandable revulsion in the whole community. Much publicity was given to all the known circumstances, and the police sought the assistance of the community generally in trying to find the perpetrators of the crimes. The New South Wales Government offered a reward first of $50,000 and later of $100,000 for information leading to the arrest and conviction of the offenders, and the Premier and other leaders in the community expressed their horror at what had taken place. After a time the police detained three suspects from whom they obtained statements. They were charged, and on the various occasions when they appeared in a court in the district where Mrs Cobby lived large crowds of outraged citizens expressed in no uncertain terms their attitude towards the persons charged.