L v ABC

The matter before the Supreme Court of the Northern Territory involved the plaintiff, L, who sought to suppress his name and any identifying details in connection with a charge of possession of child pornography. The application was opposed by the Australian Broadcasting Corporation (ABC). The plaintiff faced two sets of criminal proceedings: one for the possession of child pornography and another for sexual offences that allegedly occurred many years ago. The court was asked to decide whether a suppression order should be made under s 57 of the Evidence Act to protect the plaintiff's right to a fair trial.

The court considered whether the suppression order was desirable in the interests of justice, weighing the principles of open justice against the need to ensure a fair trial. The court noted that the publication of the plaintiff's name in relation to the child pornography charge could prejudice the trial of the sexual offences, given the strong public sentiment against such crimes and the plaintiff's prominent status. The court concluded that the potential for prejudice outweighed the principle of open justice and that it was desirable to suppress the plaintiff's name to protect his right to a fair trial. Consequently, the court made an order under s 57 of the Evidence Act forbidding the publication of the plaintiff's name in connection with the complaint proceedings until further order. The appeal was dismissed, and the application for certiorari was refused. The court will hear the parties on the issue of costs.