DPP v Dupas (Ruling No 15)

IN THE SUPREME COURT OF VICTORIA

Not Restricted

CRIMINAL DIVISION

No. 1533 of 2006

DIRECTOR OF PUBLIC PROSECUTIONS

PETER NORRIS DUPAS

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Ruling No. 15

JUDGE:	CUMMINS J
WHERE HELD:	Melbourne
DATE OF RULING:	9 August 2007
CASE MAY BE CITED AS:	DPP v Dupas
MEDIUM NEUTRAL CITATION:	[2007] VSC 325

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Criminal law and procedure – murder – jury trial – media request for release of court video of witness demonstration in court – application refused.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr C. Hillman SC Mr A. Lewis	Office of Public Prosecutions
For the Accused	Mr D. Drake Mr M. Regan	Victoria Legal Aid

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Ruling No. 15

HIS HONOUR:

I propose to release Exhibit Q to the media, that is the photograph taken at the Coburg police station on 12 February 1998, and for the reasons stated by counsel I think it is correct that I should decline the request of the media to have the court video of Mr Fraser's evidence of the demonstration released to the media, that is because I think although it may be an understandable request in this case from the media, the court has to look at future cases and the possible effect upon the administration of justice, and it would be most undesirable if future witnesses did not come forward or were oppressed by the feeling that when they come to court under subpoena to give evidence, that they might have that actual evidence directly onto the television.

For those reasons I decline the invitation to have the video of Mr Fraser's evidence in court provided to the media.

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CaseChat Overview and Summary

The defendant, Dupas, was on trial for the murder of another individual. During the trial, a media organisation made a request to the court for the release of a video showing a witness, Mr Fraser, demonstrating part of his evidence in court. The Director of Public Prosecutions (DPP) opposed this request. The court was required to decide whether the video should be released to the media, considering the potential impact on the fairness of the trial and the rights of the defendant.

The court examined the principles of open justice and the importance of maintaining the integrity of the judicial process. It considered the potential for prejudice that could arise from the release of the video, particularly if it was viewed out of context. The court was also mindful of the need to protect the privacy and safety of witnesses, especially in cases involving serious crimes. Given these factors, the court found that releasing the video could undermine the fairness of the trial and therefore declined the media's request.

Consequently, the court ruled that the video of Mr Fraser's evidence should not be provided to the media. This decision was based on the balance between the public interest in open justice and the need to ensure a fair trial for the defendant. The court emphasised that its primary concern was to uphold the principles of justice and protect the rights of all parties involved in the proceedings.

The court's final order was to decline the media's request for the release of the video. This decision was made to safeguard the integrity of the trial and to prevent any potential prejudice that could arise from the dissemination of the video to the public.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established