Sydney criminal lawyer fights to prevent name being published after sexual assault charge
A criminal lawyer charged with sexual assault wants the courts to suppress his identity as well as the name of the firm where he works.
Parramatta
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A Sydney criminal lawyer charged with sexual assault is fighting to prevent publication of his name and details of the incident to save his reputation and prevent exposing what police will allege is the “salacious’’ cocaine-riddled culture of his law firm.
On Monday, Parramatta Local Court heard publication of the charges would cause the lawyer embarrassment, stress and ruin his reputation, and that of his colleagues, two of whom submitted affidavits pleading for the court to uphold a non-publication order over their names and that of the law firm.
The man has been charged with aggravated sexual assault.
The man’s lawyer told the court the media attention was an exceptional case and publishing details would remove his “ability to function and continue employment in criminal law’’.
“This particular applicant has to deal with the police, the prosecution on a daily basis. That’s his role as a lawyer. That does, in my submission, create exceptional circumstances in terms of stress and embarrassment. It’s not merely distress and embarrassment by the charges.’’
The lawyer told the court his client had notified the NSW Law Society and would inform his clients about the charges individually.
The court heard the media coverage would compound stress for his mother who suffers from post traumatic stress disorder and depression.
“It’s a real possibility serious harm can be caused to her mental health,’’ the lawyer said.
During an explosive submission, a lawyer representing the law firm told the court “salacious’’ allegations made in the proceedings claim drugs were found at the law office.
Law staff are not accused of any wrongdoing.
The court heard the law firm’s principal feared the bad publicity on the law firm would erode his mental health.
But Matthew John Lewis, the barrister for Nationwide News and Fairfax, told the court the non-publication order should be lifted to give the public confidence in the administration of justice.
“It doesn’t matter who the defendant is, it doesn’t matter if you’re a solicitor, a barrister or a judge – it is important. Anyone in this court is open to scrutiny by the Australian public.’’
Mr Lewis also told the court there was no evidence from the defence submissions that media attention would elevate stress for the accused lawyer’s mother or colleagues.
He dismissed suggestions that protecting someone’s reputation was a valid reason to stop publishing details about the case.
“That’s never been enough to stop a fair and accurate report,’’ Mr Lewis said.
The court adjourned a decision to October 9.