SA court suppression orders surge to 20 year high amid AN0M hearings
The number of court secrecy orders in South Australia has surged to its highest point in decades, with one major operation making a big contribution to the increase.
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Operation Ironside accounts for almost one quarter of all court suppression orders in the past two years, helping elevate the state to levels of secrecy not seen for two decades.
The Supreme, District and Magistrates Courts imposed 277 gag orders in 2022 – the heaviest application of censorship since the “bodies in the barrels” serial killings.
For the second year in a row, 24 per cent of orders suppressed alleged organised crime figures charged as a result of the encrypted AN0M app.
The global sting accounts for 126 of the 522 suppressions made in the past two years, spanning 40 alleged offenders and hundreds of court files across all three courts.
Even without Ironside, the courts issued more orders last year than at any time since 2007, when parliament rewrote suppression laws amid widespread community outrage.
Dr Joseph Fernandez, from Curtin University, said the upswing of secrecy showed the legislation needed to be reviewed once again.
“Suppression orders should be a tool of last resort, and there should be strict safeguards against resort to them,” he said.
“The well-intentioned reform is clearly not delivering on the goal of prioritising the public’s right to know and the news media’s right to enlighten the public on the trial process.
“The worrying trend of suppression orders deserves close examination through an independent review.”
South Australia was the only mainland state that, in 2022, became more secretive – other jurisdictions, including the “suppression state” of Victoria, reduced their restrictions.
The ACT’s use of suppression also increased, due to both improved record-keeping of orders imposed and the considerable number of orders made during the aborted sexual assault trial of Bruce Lehrmann.
In SA, there are currently 40 suppressed Ironside accused whose numerous multiple charges may result in multiple, separate trials.
At least two accused have active suppressions in place in all three jurisdictions.
The landmark Ironside “test case”, concerning military-grade firearms, is subject to numerous suppressions on confidential informants and the role of federal and overseas law enforcement.
On Friday, Dr Fernandez said open and transparent justice was “an indispensable characteristic of our legal system”.
“Reliance on suppression orders should be strictly limited so as to preserve a hallowed and age-old value that recognises and promotes open justice,” he said.
“It is not enough that justice is done – it must also be seen to be done.”
Attorney-General Kyam Maher said he had sought “additional information” from the courts “to try and get a clearer understanding”.
“It could very well be that there have been a significant number of sensitive matters where orders may be required,” he said.
“(Suppressions are) an important tool courts can use to protect victims and witnesses.”
An Opposition spokeswoman said any proposal to reign in suppressions would be “carefully considered”.
“It’s in the public’s interest to have open justice … we believe our justice system should be as open and transparent as possible,” she said.
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