Arabic version: قاضٍ يحجز قراره بشأن أمر منع النشر في كيرنز

According to ABC News, a Supreme Court judge has reserved his decision on whether to lift or vary a Cairns suppression order that prevents the identity of a Queensland man known as “MM” from being published. Media organisations, including the ABC, challenged the order through a judicial review. The order has been in place since late May.

The case concerns an alleged domestic violence extortion charge. The accused man is alleged to have threatened a complainant by saying he would reveal details of an affair she allegedly had with MM. MM was not the direct target of the alleged threat. After a four-hour hearing in Cairns, Justice James Henry reserved his decision and did not set a date for its delivery.

Andrew O’Brien KC, appearing for the media outlets, argued that the magistrate did not have the power to make the order or had misunderstood the limits of that power. He told the court that previous cases supported suppression of complainants and witnesses in blackmail matters, but that MM was neither a victim nor a witness. Mr O’Brien said the alleged threat was never communicated to MM and argued the need for the order had not been established by evidence or another motivating factor.

Jonathan Horton KC, for the Queensland Police Service, said the acting magistrate had evidence before her that the complainant would find it distressing if the alleged extortion threat were revealed. Defence barrister Brydie Bilic said she had initially sought to suppress her client’s and the complainant’s names during a May 29 bail-variation hearing. She said an interim blanket order later extended to MM and that difficulties obtaining copies of the order created a “Kafkaesque situation”.

Justice Henry noted that the existing order also prevents publication of details of the alleged threat and the material facts of the case. The hearing began behind closed doors, but the judge later ruled it could continue in open court. The non-publication order remains in force while Justice Henry considers his decision.