R v Jovanovic

The case of R v Jovanovic involved the applicant seeking access to exhibits for the purpose of copying and publishing, which was contested by the Crown. The Supreme Court was tasked with determining the appropriate access and publication rights for the media in this context. The legal issues centred on the principles governing media access to exhibits in court proceedings, the balance between the public's right to know and the necessity to serve the administration of justice, and the impact on the right to a fair trial.

The court examined the principles applicable to media access to exhibits, considering the need for the administration of justice and the public's right to information. It was established that while the media has a right to report on court proceedings, this does not automatically extend to the unrestricted copying and publication of exhibits. The court weighed the competing interests and concluded that the media's access to the CCTV footage in question would not undermine the fairness of the trial. It found that the public interest in transparency and the right to information outweighed the potential prejudice to the accused.

The court's reasoning was that the exhibits in question were integral to the public understanding of the proceedings and the evidence presented. It found that the right to a fair trial did not preclude the media from copying and publishing the exhibits, as long as the administration of justice was not compromised. The court held that the media could access the CCTV footage and copy it, subject to certain conditions to ensure that the footage was not published in a manner that would prejudice the trial.

The final order of the court was that the Australian Broadcasting Corporation and The Canberra Times were permitted to have access to exhibits B and C, which were DVD’s of CCTV footage, and were allowed to copy the exhibits for publication purposes.