Media Pell charges a ‘first for Australia’

THE lawyer representing dozens of journalists and organisations charged over their coverage of the George Pell case says the prosecution is an Australian first.

Victoria’s director of public prosecutions, Kerri Judd, is pursuing contempt of court convictions against 36 organisations and individuals amid allegations they breached a suppression order or scandalised the court after Pell was found guilty of child sexual assault in December.

The Age editor Alex Lavelle, Sydney radio shock-jock Ray Hadley, Today show host Deborah Knight and other journalists are among those being pursued. The Geelong Advertiser and other News Corp publications are also among the respondents.

The executive chairman of News Corp Australasia, Michael Miller, has vowed to “vigorously defend all charges and resolutely stand by our editors and journalists”.

At a first directions hearing of the case yesterday, Dr Matt Collins, QC, representing each of the respondents, said there had never been a similar case in Australian legal history.

“These are not garden variety contempts … we can find no precedence of this kind in the annals of Australian law,” he told Justice John Dixon.

Dr Collins said the case was “as serious as it gets” with individuals facing jail if convicted of contempt.

Dr Collins said prosecutors had failed to properly outline their case, but said it appeared it relied on the conduct of international media who had not been charged.

International media were quick to publish details of Pell’s convictions despite the risk it posed to prejudicing an expected second trial, which was later dumped by prosecutors.

The court heard it was agreed between the parties that in none of the reports central to the case was Pell specifically referred to.

The DPP has been given until late next month to file a detailed statement of claim.

Justice Dixon said it was not yet clear whether the case would proceed as one trial, or 36 separate trials, or something in between.

The DPP wants a declaration that respondents either were in breach of a suppression order, in contempt of court, scandalised the court or aided and abetted overseas media’s contempt. Orders for imprisonment, fines and conviction of each of the respondents has also been sought.

Pell was convicted in December of five charges regarding the sexual assault of two choirboys at St Patrick’s Cathedral in 1996.

Reporting of the trial at the time the verdict was delivered was banned because of a strict suppression order.

He will appeal his convictions at a hearing in June.

The contempt case will return to court on June 26.