Mondaq reports……Lawyers for a criminal defence lawyer in Sydney who is charged with aggravated sexual assault are fighting to keep the identity of their client and his law firm under wraps.
The lawyers made an application before Magistrate Keady in Parramatta Local Court on 21 September 2020 for a non-publication order prohibiting the disclosure of their client’s identity, as well as information that would reasonably enable his identification.
The basis of the application is that publication of the man’s name would ruin his reputation and that of his colleagues, making it impossible for him “to function and continue his employment in criminal law” – given that he deals on a regular basis with police officers, solicitors from the Office of the Director of Public Prosecutions, barristers and members of the judiciary.
The application further states that “salacious” allegations in the police facts that drugs were found in the law firm’s office, and that the firm has a cocaine-riddled culture will impact adversely on all who work there, regardless of whether or not they are involved in drug-taking.
The court further heard that publication of the man’s name would adversely impact on the mental health of his mother, who already suffers from depression and post-traumatic stress disorder.
The application was opposed by a barrister acting on behalf of Nationwide News and Fairfax media, who submitted that non-publication order would erode public confidence in the administration of justice.
The barrister stated that, “[i]t doesn’t matter who the defendant is, it doesn’t matter if you’re a solicitor, a barrister or a judge… Anyone in this court is open to scrutiny by the Australian public”.
The court has reserved its judgment until 9 October 2020.
A non-publication order is in place until that time.
