ATTORNEY-GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD AND ANOR [1998] NSWCA 21

ATTORNEY-GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLY, MEAGHER and POWELL JJA 26 November 1997, 11 March 1998 [1998] NSWCA 21

CONTEMPT OF COURT — DISCUSSION OF MATTERS RELEVANT TO DECIDING PENALTIES.

Priestly JA

Contempt of court by 2UE and Mr J Laws.

While a man was on trial for murder in Sydney, a famous radio announcer broadcast to many thousands of listeners, over a leading Sydney radio station, that the man on trial whom he named, was "absolute scum" and was guilty of the murder with which he was charged. The full florid language in which this judgment was pronounced is set out later. The judge at the trial felt bound to discharge the jury. I think she was right. The contempt of court and the risk of prejudice to the fairness of the trial, were both starkly clear.

The radio station was 2UE and the announcer Mr J Laws. They were charged with contempt of court. They defended the charges. Their defences did not go to the merits of the case. Neither defendant gave evidence. The court was of opinion there was no substance in their defences.

In Australia, and other common law countries, it is accepted law that jurors in criminal trials must consider their verdicts on the evidence and argument put before them in the courtroom. In the United States the way the courts try to achieve this result is often by keeping juries secluded, and taking steps to see comment and opinion published outside the courtroom during the trial do not become known to the jury. The law of contempt is not as effective there as in Australia. Here it is heavily relied on to restrain the media from interfering with the fair hearing of a trial as 2UE and Mr Laws did in the present case. That the law of contempt has this purpose, and that to commit a contempt such as they did is a crime liable to severe punishment was well known to 2UE and Mr Laws.