Bestiality allegations so ‘abhorrent’ as to prejudice right to fair trial, judge rules

Territory judge refuses request to release details of more than 200 charges police have described as ‘the depravity is deeply disturbing’.

THE details of allegations against a man facing more than 200 charges, including bestiality and animal cruelty, are so “abhorrent” they could prejudice his right to a fair trial if publicised, a judge has ruled.

The 51-year-old Rural Area man has been on remand in Holtze Prison since he was arrested and charged over “a significant number of videos depicting animal cruelty and bestiality” in April.

At the time, detective acting Senior Sergeant Jon Beer said if members of the public had come across the videos, “they would be revolted”.

“It is incomprehensible that an individual could imagine such acts let alone carry them out,” he said.

“The depravity is deeply disturbing.”

The man’s identity is suppressed from publication under NT law and his lawyers subsequently applied for an order also banning the media from publishing any further details of the allegations, on the basis that it would “offend against public decency”.

On Thursday, Chief Judge Elizabeth Morris rejected an application by the NT News to have that order lifted, saying her ruling was less about “protecting the public” than “protecting the rights of the defendant, because the allegations are abhorrent”.

“It’s a little difficult to accept from the defendant an argument about public decency given the allegations contained in the matter,” she said.

“(But) if public decency is offended there could be a consequence in relation to a fair trial because the community at large has a body of information about which they are so horrified that anybody who might come before them as a jury charged with those offences, they’re going to be falling over themselves to find him or her guilty.”

The man’s barrister, Mary Chalmers SC, had argued that allowing the allegations to be aired in public would “turn this thing into an absolute circus, impacting upon things as basic as (trial) preparation”.

“This matter has already been reported internationally, I believe, and that’s without any details, really, at all,” she said.

“What we’re dealing with here is a question of the administration of justice, not whether the defendant is being a bit rich by asking for this compared to what he’s alleged to have done — noting of course that these are all only allegations at this stage.”

Prosecutor Marty Aust said while the Crown took no position on the application, “it might well be that your honour errs on the side of caution” until the matter was resolved.

Mr Aust said much of the case against the man was “almost overwhelming” and there would likely be “some form of negotiated resolution”.

“Until that happens, there’s a risk that the administration of justice may fail if material becomes known such as to take away any right of this man to get a fair trial,” he said.

“We want to prosecute (him), we want to successfully prosecute him and at an appropriate time, all of the material should be made available with respect to, if it gets to that point, what pleas were entered, what the evidence was in support of those, and why the sentence was what it was.”

The man returns to court on October 12.

Originally published as Bestiality allegations so ‘abhorrent’ as to prejudice right to fair trial, judge rules