CCTV footage of Anthony Milford committing public nuisance not released

Footage of an incident involving Anthony Milford in Fortitude Valley will not be released publicly, in a decision by the state’s Chief Magistrate described as “disappointing”.

​The state’s Chief Magistrate has denied an application by media companies for access to CCTV footage showing an incident involving NRL player Anthony Milford.

Milford pleaded guilty on April 11 to public nuisance and wilful damage stemming from an incident in Fortitude Valley last year where he threw a wheelie bin at a car following an argument with his partner which saw members of the public intervene.

Three assault charges against Milford arising from the same incident were dropped by the Director of Public Prosecutions.

Milford, who was sentenced to a two-year good behaviour bond with no conviction recorded, opposed the release of the footage to media.

Milford leaving Brisbane Magistrates Court earlier this month. Picture: Brad Fleet

The Courier-Mail, along with other media organisations, sought a copy of the footage arguing its release was in the public interest and consistent with the principles of the open ministration of justice.

It also argued the ability to produce a fair and accurate account of proceedings would be hampered without access to the footage, parts of which were played in court.

“We submit that the general public should be allowed to view this video and this is consistent with the principles of the open administration of justice,” the Courier-Mail’s legal representative, Michael Cameron, said. “The public’s trust in the administration of justice can only be enhanced by the release of the material particularly as it relates to a high profile, public figure.”

Milford’s barrister Kim Bryson said principles of open justice were well established but they did not override considerations of the relevant legislation.

In an affidavit Milford’s long-term partner Miri Fa’i revealed the couple were expecting a third child and working to put the incident behind them.

Milford in action while playing for the Broncos last year. Picture: Albert Perez/Getty Images

While there was no wrongdoing on the part of Ms Fa’i, who appears in the footage, she said she feared its release would negatively impact her mental health.

“The CCTV … depicts me in an intoxicated and distressed state and it is not something I would like the public domain, for my friends and family to see,” she said.

“Myself, Anthony and our family are in the process of moving to Newcastle and I am concerned about the impact the CCTV footage would have on my ability, and our family’s ability to settle into this new environment.

“I do not want to be constantly wondering if members of the public are looking at me and worried if they recognise me from the CCTV footage.”

Chief Magistrate Terry Gardiner said it was a fundamental principle that the administration of justice be carried out in public, but it must be balanced against other factors including the interests of others involved in the proceedings and those who may be affected.

Judge Gardiner said in this case he was unpersuaded the principles of open justice or the public interest in releasing footage to the media outweighed other considerations under the legislation.

Anthony Milford. Picture: Bradley Kanaris/Getty Images

He cited the “unjustified distress” it would cause Ms Fa’i and the absence of media applications made contemporaneously to the sentencing of Milford.

“The proceedings having been concluded and reported on, there remains little if any further public interest, or any other legitimate interest, in now ordering copying for publication of the CCTV footage,” he said.

Justin Quill, media lawyer and partner at major firm Thomson Geer, said the decision was “obviously a disappointing one.”

“Releasing the vision would allow members of the public to much better to understand the case and importantly judge for themselves the appropriateness of the sentence. That is what open justice is all about,” Mr Quill, who acts for News Corp and other members of the Right to Know Campaign, said.

“I feel sorry for anyone who might not want the vision made public, including Milford‘s partner and even Milford himself, but we should strive for more transparency in our Courts despite sympathy for those that might be embarrassed by that transparency.”

Milford’s lawyer Dave Garrett claimed outside the court that during the incident in Fortitude Valley, one of the women involved allegedly racially abused the NRL star, whose parents are of Samoan heritage.

It is understood the woman, who was heavily intoxicated, abused Milford, shouting: “We don’t treat women like that here … go back to your own country (Samoa).”

Asked to explain footage of Milford pushing the woman, Garratt said: “As in most cases, CCTV footage alone doesn’t provide full context of an incident.

“In Anthony’s situation he was regrettably the subject of a racially inappropriate remark by one of the persons involved during the event.”

Milford now hopes to get the green light for Newcastle’s round 11 clash on Thursday, May 19, ironically against Milford’s former club the Broncos.