Media banned from hearing in case of police officers accused of rape | Australia news | The GuardianMedia banned from hearing in case of police officers accused of rape | Australia news | The Guardian










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Australian police and policing



Media banned from hearing in case of police officers accused of rape









Two Queensland officers are accused of raping woman while on duty in Mackay in February












Australian Associated Press


Thursday 11 December 2014 05.29 EST







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The media has been banned from reporting on evidence presented at a committal hearing for two Queensland police officers accused of raping a woman while on duty.
Magistrate Ron Muirhead on Thursday ordered the two-day hearing in the Mackay magistrates court closed to the public and journalists to ensure the men received fair trials.
“If the evidence is reported in these proceedings, it’s possible the interests of justice may not be met in that the defendants may not receive a fair trial,” he said.
He made the ruling after media outlets requested permission to report on evidence given by witnesses, excluding that of the alleged victim, during the hearing.
Stephen Zillman, a barrister acting for one of the men, said the application should be rejected as the public would not be presented with the full picture as evidence by the complainant can’t be reported on.
This was particularly important when it came to hearsay evidence, he said.
“There would be a distortion of the evidence in this case if the evidence of the preliminary complaint witnesses may be published but that of the complainant not,” he told the court.
Zillman also argued there might be significant discrepancies between the evidence of various witnesses which, if reported on, could lead to people changing their evidence.
John Jacob, the barrister acting for the other man, agreed with Zillman’s submissions, while Crown prosecutor Kelly Stone said he would leave it up the magistrate to decide if the court should be closed.
Phillip Moore, a lawyer acting for News Corp Australia, argued the court should remain open to ensure public confidence in the judicial system was upheld.
“It is in the interests of justice that the public not feel that there are one set of rules for some people and another set of rules for other members of the community,” he said.
Moore said it was not necessary to ban journalists from proceedings as there were already strict limits to what can be reported during the committal process when it comes to cases of sexual assault, including that the name of the alleged attackers and victim not be published.
He said the fact unproved allegations would be presented during the hearing was not a reason to exclude media as this was the case in every committal hearing.
However, Muirhead said although he appreciated the role of the media, it was in the interests of justice that he close the court.
The two men face five rape charges and one count each of assault with intent to commit rape and deprivation of liberty in relation to an alleged incident in Mackay in February.
The pair, who are in their late 20s, are both on bail.
After the charges were laid they were both suspended without pay and one of the men has since quit.
The committal hearing is due to finish on Friday.



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