Following the public outrage at the suppression of the identity of a Labor MP on child pornography charges in April, the Labor Government has rejected the findings of their own independent review.

 

The Liberal Opposition welcomes the report by Justice Martin, which is a strong statement on the need for open justice and how the legal system needs to be open to media and the public.

 

The Parliamentary Liberal Party considered the report this week, and being persuaded by Justice Martin’s logic, will work towards the repeal of s.71A(1) and (2) of the Evidence Act 1929 as he recommended.

 

Significantly, only Queensland and the NT have similar provisions.  In 1988, the United Kingdom repealed a similar statutory provision protecting the identity of the accused, following a law reform review.

 

Justice Martin’s report makes reference to the South Australian Bar Association’s submission, that “in relation to prohibiting publication of identity, there is no “real philosophical basis” for distinguishing between persons charged with sexual offences and those charged with other crimes”. 

 

“I stress that the Liberal Opposition does not support junking suppression orders – we believe that suppression orders are part of the proper administration of justice,” Shadow Attorney-General Stephen Wade said.

 

“But they must be used sparingly and there is no reason why sexual offences should be treated differently to other offences.

 

“We want court processes to be open unless there is good reason to suppress a person’s identity. Labor wants them closed by default.

 

“We know that these are raw issues for the Labor Government,” Mr Wade said.

 

The identity of a Labor MP is currently suppressed under s.71A.

 

The father of a Labor MP was subject to a suppression order.

 

“The Liberal position is not a response those cases – even if the Labor MP’s identity is suppressed when legislation is before this Parliament, we would not support these changes applying retrospectively,” he said.

 

“Having recognised public disquiet over the suppression of the identity of the Labor MP by commissioning an independent review, we urge the Government to put the public interest first and change this law.”