R v Harvey (No 3)

The application before the Supreme Court of South Australia concerned the public interest in open justice and the potential for audio-visual material to be copied and broadcast. The applicant sought permission to obtain copies of identified segments of this material.

The central legal issue was whether the public interest in open justice, as served by the publication of the transcript, necessitated the further step of allowing the audio-visual material itself to be copied and broadcast. The court was required to balance the principles of open justice against any competing considerations that might arise from the dissemination of the audio-visual recordings.

The court concluded that the public interest in open justice would be adequately met by the publication of the transcript of the proceedings. Consequently, it determined that it was unnecessary to permit the audio-visual material to be copied and broadcast. Accordingly, permission for the applicant to obtain a copy of the identified segments of the audio-visual material was denied.