High Court of Australia|1986-11-07|Before: Young J, Dawson JJ

Waterhouse v Australian Broadcasting Corporation [1986] HCA 64; (1986) 68 ALR 75; (1986) 61 ALJR 24 (7 November 1986)

ROBERT WILLIAM WATERHOUSE AND ANOTHER v. AUSTRALIAN BROADCASTING CORPORATION

7:11:1986 Solicitor for the Applicants: P.J. Pollack & Co.

2. Another question raised by Mr Black should be mentioned, and that is whether it was wrong of Young J. to ignore the possible effect of the publication on the mind of the magistrate who is expected to hear the committal proceedings in the near future. It is important to note that with the exception of one part which deals with matters already known to the public, the proposed publication does not deal with the subject of the charge against the first applicant. It deals with matters which may be said to reflect on the character of that applicant, or to constitute similar fact evidence that would be inadmissible at the trial. In our opinion, a magistrate should have no difficulty in disregarding matters of that kind in deciding whether a prima facie case has been made out by the evidence before him, and we see no reason to disagree with the conclusion reached in the Supreme Court on this point.

3. We further consider that it has not been shown that the Supreme Court was incorrect in considering that there was no real and substantial risk of prejudice by reason of the possible effect of the publication on the minds of witnesses at the committal proceedings or at the trial.

4. No criminal proceedings are pending against the second applicant and any suggestion that he might be prejudiced in the pending civil suit would be entirely unfounded.

5. We have reached the conclusion that the case is not one in which it would be proper to grant special leave to appeal. We therefore refuse the application.

Waterhouse v Australian Broadcasting Corporation [1986] HCA 64;

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Judgment (8 paragraphs)

Waterhouse v Australian Broadcasting Corporation [1986] HCA 64; (1986) 68 ALR 75; (1986) 61 ALJR 24 (7 November 1986)

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Cases Cited (2)