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 'Mail' wins court challenge
NIGEL HUNT
November 26, 2006 12:15am

THE Supreme Court has overturned a suppression order preventing publication of the fact a Hells Angels bikie has been charged with disobeying a summons to attend a secret Australian Crime Commission coercive hearing in Adelaide.

Justice Bruce Debelle has ruled publication of the charge is in the public interest and might also act as a deterrent to others "minded" not to comply with such summonses.
In the Supreme Court on Friday, Justice Debelle also overturned a suppression order preventing publication of details of an attempt by the Sunday Mail to lift the suppression order in Adelaide Magistrates Court.

The suppression of the relatively rare charge was applied when the man, who cannot be identified under provisions in the ACC Act, first appeared in Adelaide Magistrates Court on November 10.

Earlier that day, he was arrested at Adelaide Airport by ACC and Operation Avatar anti-bikie detectives.

At the request of his lawyer, David Edwardson, Magistrate Michael Ward suppressed details of the charge, anything that would identify the man and his reasons for granting the orders.

On November 17, the Sunday Mail applied to Mr Ward to vary that suppression order to allow publication of only the details of the charge.

In that hearing, Tom Martin, representing the Sunday Mail, told the court there were no legal grounds supporting suppression of the charge and argued that publication was in the public interest.

Mr Edwardson vigorously opposed varying the order and asked that the application to vary it also be suppressed. Mr Ward refused to vary his order and then suppressed the fact the application had been made.

"There is no public interest in allowing anyone to publish the fact that an unknown person is charged with disobeying such a summons," Mr Ward said when refusing the application.

The Sunday Mail immediately appealed against Mr Ward's decision to the Supreme Court. After hearing an hour of submissions from lawyer Grant McAvaney, acting for the Sunday Mail, and Craig Caldicott, acting for the charged man, Justice Debelle allowed the appeal.

Lifting the two suppression orders, Justice Debelle said Mr Ward had "erred" by not varying the original suppression order when the Sunday Mail sought to do so on November 17.

He said Mr Ward's reliance on the secrecy provisions of the ACC Act was "misplaced" and that he had also "erred" in concluding there was no public interest in allowing publication of the charge.

"The question whether persons are complying with a summons for examination issued by the ACC and, if not, are answerable for any failure to do so are matters which directly concern the proper investigation of serious crime and the capacity of prosecuting authorities successfully to prosecute those who engage in serious crime," Justice Debelle said.

"The public has a proper and legitimate interest in knowing whether those who fail to comply with a summons to attend for examination are answerable for their conduct. In addition, publication might have the deterrent effect already mentioned.

"The fact that a report does not name an alleged offender might make the report less newsworthy but, at the same time, it informs the public that those who do not comply with a summons are being prosecuted."

The man is the fourth Hells Angels member facing court action over refusing to attend or answer questions at an ACC hearing. Last month, three Hells Angels members were ordered to stand trial on charges of refusing to answer questions and failing to attend when summonsed.

Court documents reveal ACC investigators wanted to question the bikies over their suspected involvement or knowledge of criminal activities allegedly involving Hells Angels members.

The ACC uses the coercive hearings in major investigations into organised crime, with those summonsed compelled to answer questions or risk breaching the ACC Act – which carries a penalty of up to five years' jail.

http://www.news.com.au/adelaidenow/story/0,22606,20822133-2682,00.html

 

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