Dawson trial to go ahead after application for permanent stay rejected
Dawson trial to go ahead after application for permanent stay rejected
Georgina Mitchell
11 hrs ago
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A NSW Supreme Court judge has warned journalists and broadcasters to apply "reflection and restraint" in podcasts investigating cold cases, after the subject of a podcast unsuccessfully sought a permanent stay on his murder trial for reasons including adverse publicity.
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In April, Mr Dawson sought a permanent stay of proceedings citing several factors, including disadvantage due to a delay in bringing charges against him, and an argument that his trial will be "irredeemably unfair" due to public commentary and media coverage.
Justice Elizabeth Fullerton declined this month to grant a permanent stay, but agreed to a temporary stay which means any jury trial cannot proceed until after June 1, 2021.
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A judgment summary published on Friday, which details Justice Fullerton's reasons, says the court was left in "no doubt" that the "unrestrained and uncensored public commentary about Lynette Dawson's suspected murder is the most egregious example of media interference with a criminal trial process which this court has had to consider" in a permanent stay application.
The court found any delay to the commencement of the trial "intensifies the risk of memories fading or, worse still, witnesses dying".
"However, given the extent of the adverse publicity in this case ... the court resolved that the accused's trial should be temporarily stayed to allow that commentary to abate with a view to ensuring the accused's fundamental right to a fair trial conducted according to law," the judgment summary says.