DPP v Farquharson (Ruling no 13)
[2007] VSC 467
•5 October 2007
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
CRIMINAL DIVISION
No. 1419 of 2006
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ROBERT DONALD WILLIAM FARQUHARSON |
Ruling No 13
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 5 October 2007 | |
CASE MAY BE CITED AS: | DPP v Farquharson (Ruling No 13) | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 467 | |
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Criminal law and procedure – murder – jury trial – request by media to publish certain exhibits after verdict – ruling thereon.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr J Rapke QC Ms A Forrester | Office of Public Prosecutions |
| For the Accused | Mr P Morrissey Mr C Mylonas | Victoria Legal Aid |
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HIS HONOUR:
I am unpersuaded by Morrissey's submission that it either ought to be all or nothing. I think there is a legitimate and significant discrimination between the two categories that I have stated. I propose to decline the media request for the last three dot point items, that is the Farquharson police material and the Farquharson/King material, and I propose to accede to the media request for the first five dot points because it is non-personal material and accordingly that is what I rule.
If the media wish to controvert that and ask for the last three you are very welcome to come before the court and make a submission, but that is what I rule so that you know now because usually with the media things are fairly time critical and that is the ruling I make.
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