DPP v Ivanovic
[2003] VSC 391
•16 September 2003
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1457 of 2002
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| THOMAS IVANOVIC |
Ruling No. 4
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JUDGE: | Cummins J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16 September 2003 | |
DATE OF RULING: | 16 September 2003 | |
CASE MAY BE CITED AS: | DPP v Ivanovic | |
MEDIUM NEUTRAL CITATION: | [2003] VSC 391 | |
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CRIMINAL LAW AND PROCEDURE – Murder – Jury trial – Application by media for release of video of fatal shotting – Wishes of family of deceased for video not to be released to media – Application refused.
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APPEARANCES: | Counsel | Solicitors |
| For the Director | Mr W. Morgan-Payler Q.C. | Office of Public Prosecutions |
| For the Accused | Mr R. Richter Q.C. and Mr C. Rozencwajg | Theo Magazis |
HIS HONOUR:
In this case the fatal shooting of the deceased was captured by a domestic security camera on video. The video will be tendered as evidence by the prosecution at trial. Television media have applied for release of the proposed exhibit (once it is tendered) for public television dissemination. I decline the order sought to release the proposed exhibit. Similar, but not wholly the same considerations were the subject of a judgment of Charles JA, in whose judgment Tadgell and Chernov, JJA agreed in The Herald and Weekly Times Limited v. Magistrates' Court and Others.[1] I will not this morning - the panel is due here now - rehearse those reasons and the authorities referred to in that material, but I do consider what Charles JA there stated. The family of the deceased wish the video not to be released for media dissemination.
[1](2000) 2 VR 346 especially at 353 to 361.
Given the circumstance that the actual shooting and death of the unfortunate deceased is on video, and the family of the deceased most understandably are distressed by it, I think I should accede to their very proper and understandable feelings on the matter and decline the application in this instance. That does not preclude the media making application for release of exhibits in other cases, as indeed Charles JA in the citation I have referred to, reviewed, but given the situation of the family of the deceased in this case I think their wishes should be given paramount significance.
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