Gold Coast alleged murder: Failed bid to suppress accused mother’s identity

Media outlets including The Courier-Mail have successfully challenged a police bid to suppress the identity of a woman accused of the horrific murder of her daughter.

Police have failed in a bid to keep secret the name of the woman charged with the horrific murder of her own daughter after media outlets mounted a successful court challenge, arguing the case was in the public interest.

Yingying Xu, 46, did not appear in person in Southport Magistrates Court on Wednesday after being charged overnight with murdering her daughter Sophie Wang, 10, but was represented by defence lawyer Daniel McShane.

In an application supported by Mr McShane, police prosecutor Sergeant Nicole Jackson asked the court for a non-publication order on Xu’s name and all other details.

Sgt Jackson argued the suppression order was necessary to protect the family and any witnesses.

“This incident involves (the accused’s) immediate family,” Sgt Jackson told magistrate Sue Ganasan.

Sgt Jackson first sought to make the application under the Bail Act, despite the fact Xu was not applying for bail which accused murderers can seek only in the Supreme Court.

Sgt Jackson conceded it was not a bail application, but said she was seeking a non-publication order for the safety of another person.

Yingying Xu is charged with murdering daughter Sophie Wang.

The prosecutor later said she was applying for the suppression order under a section of the Evidence Act, which the court heard had been repealed.

Ms Ganasan then said she was requesting the media not to publish Xu’s name under common law: “the fundamental principle of ensuring that there is justice and fairness”.

She was challenged by media lawyers, including Sophie Robertson, who said such a request would be met with derision by an appeals court.

Ms Robertson said the magistrate had no legal power to make a non-publication order in the circumstances.

The court heard details of the case were already in the media, including the name of the victim and the fact her mother had been charged with the murder.

The Courier-Mail’s lawyer Michael Cameron told the court that “the information’s out there” and any suppression order would be futile.

He said the case was in the public interest, and precedents on media reporting of such cases were entirely consistent with the principles of the open administration of justice.

Ms Ganasan conceded that the suppression application was futile and Sgt Jackson withdrew it, allowing Xu to be identified.