Open Justice (ACT Supreme Court): Law Assignment

Internal Code: MAS4994

Open Justice (ACT Supreme Court)

Questions:  What is open justice and how is it promoted in Australia? 2. Discuss the three different ways in which a journalist might obtain access to court documents. What issues might the court consider in deciding whether to grant access? 3. William is a media liaison officer for the ACT Supreme Court. He has had a lot of enquiries from journalists regarding a high profile case that is currently underway, and decides to issue a media brief. However, he was in court one day listening to the proceedings and recalls the judge saying something about a concealment order in relation to one of the witnesses. What does this mean and what are the implications if William names the witness in his media brief? 4. Tommy is a photographer for a top-selling gossip magazine Newsworthy. Out on the prowl for his next job and hoping to snap some celebrities, he notices Paul Stix, the defendant in a high-profile sexual assault and battery case, engaging in noisy and lewd drunken behaviour in Sydney’s The Rocks. Tommy pulls over in his black Hummer and watches, getting his camera ready. Paul is getting louder and his behaviour more out of control. Tommy knows this is too good an opportunity to miss, and manages to photograph Paul many times, in a state of semi-undress, soiled and hassling several women. These photos were taken at night on the same day that a close friend of the assault victim had given a tearful and protracted testimony in court that implicated the defendant. The next day, Melbourne-based Newsworthy published these photographs and an accompanying story in a front page glossy spread entitled ‘Unbelievable! Shameless Defendant Unfazed by Court Hearing’. What ramifications might result from this coverage? In your discussion, refer to any specific laws or cases that might be relevant.