R v D'Arcy

The Supreme Court of Queensland heard an application from the accused, D'Arcy, who was charged with various sexual offences involving minors. The case was set to commence the following week and was expected to last about a month. D'Arcy had served as a Member of Parliament for the State of Queensland for 22 years and faced allegations dating back approximately 35 years. The application was made under section 47 of the Jury Act 1995, seeking to implement a special procedure for challenge for cause in certain cases, considering the significant adverse publicity D'Arcy received during his tenure as a Member of Parliament.

The court needed to determine whether there were special reasons for inquiry that would warrant questioning potential jurors about the likely prejudicial feelings they might hold against D'Arcy due to the media coverage. This inquiry was particularly focused on the media criticism D'Arcy faced, such as the publicity regarding his superannuation payout, his alleged neglect of his electorate, and his refusal to resign from Parliament despite calls from the Premier. The court had to balance the need for a fair trial with the potential impact of pre-trial publicity on the jurors' impartiality.

The court examined the nature and extent of the media criticism and concluded that, while some of the criticism directly related to the offences for which D'Arcy was being tried, much of it pertained to his conduct as a Member of Parliament and his involvement in the "Net-bet affair". The court noted that such criticism was typical of what parliamentarians often faced and generally diminished over time. Given that the trial judge intended to instruct the jury to focus solely on the evidence presented in court, the court found that asking the jurors about the media criticism would only serve to remind them of the prejudicial information, potentially complicating their ability to remain impartial. Consequently, the court declined the application and ordered that no media reports be made of the application, evidence, submissions, or reasons until the trial was completed.