Charges dropped against journalists, mastheads in Pell contempt case

Thirteen of 100 charges have been dropped in a contempt trial over the way Cardinal George Pell’s conviction was reported.

Contempt charges against three Australian journalists were dramatically abandoned in the middle of a trial by the Victorian Director of Public Prosecutions on Thursday.

They were among 13 of 100 charges dropped by the prosecution. The DPP is pursuing media companies, editors and journalists over the reporting of the George Pell trial in December 2018.

The DPP alleges the reporting potentially impacted on the fairness Pell’s second trial in 2019. Cardinal Pell was not named in the reports. The second trial did not proceed.

The charges were dropped yesterday against three News Corp Australia digital editors: Andrew Piva of the Geelong Advertiser, Lachlan Hastings of The Weekly Times and Michael Owen-Brown of The Advertiser.

Later in the day defence counsel indicated that further applications would be made to remove other journalists from the list of defendants.

Lawyers for the media companies, including News Corp and Nine Newspapers, have also requested the court to drop more charges, arguing their clients have no case to answer.

Barrister Lisa De Ferrari SC, acting for the Director of Public Prosecutions, told the Victorian Supreme Court on Thursday morning she was instructed not to proceed with contempt charges against three digital editors.

“I have instructions not to proceed with certain charges,” she said.

Justice John Dixon ordered the proceedings against them be dismissed.

Will Houghton QC, counsel for News Corp Australia, expressed concern that the Office of Public Prosecutions finally realised it had no case against the three journalists almost two years after proceedings began. The company will pursue the DPP for the costs of the action.

Australian journalists and media organisations are on trial for the way they reported Cardinal George Pell’s convictions, which have since been overturned. Picture: Marco Ravagli/Barcroft Media via Getty Images

“It’s extraordinary that on day four of this trial we’re told without any prior notification by the Director of Public Prosecutions that very serious charges against three individuals who’ve had absolutely nothing to do with the publication of the impugned articles have finally been dropped,” he told the court.

“We thank the director, through her counsel, for finally admitting there was never, never at any time any case against those three individuals.”

Some subjudice contempt charges were also dropped against News Corp brands the Herald Sun, Geelong Advertiser, The Daily Telegraph, The Weekly Times and The Advertiser and one online journalist. However they still face charges of breaching suppression orders.

Eighteen individual journalists and 12 news outlets were originally charged with contempt offences, including six News Corporation titles, five from Fairfax/Nine and one from Mamma Mia.

Mr Houghton argued charges against a senior news.com.au journalist be dismissed, as she had no case to answer.

Prosecutors failed to prove she published or caused to be published the relevant article, because that control fell to editors, he said.

“It’s the publication of contemptuous matter, not merely its preparation, that gives rise to liability for contempt,” he said in the submission.

Three journalists have had their cases thrown out in a contempt trial over reporting of Cardinal George Pell’s case. Picture: Joseph Hamilton/Twitter

Similarly, he argued subjudice charges against The Courier-Mail, its former editor, The Daily Telegraph and its editor, also be withdrawn.

Dr Matt Collins QC, representing journalists from The Age, The Australian Financial Review, Mamma Mia and Business Insider, said he would also argue they had no case to answer.

The development came on day four of the trial for media companies, journalists and editors, charged over allegedly breaching a suppression order on

Cardinal Pell’s child sex convictions, which have since been overturned.

The media published information about the conviction of a high-profile Australian without naming Cardinal Pell or identifying his charges, at a time when the cardinal was yet to face another trial.

Cardinal Pell was cleared of abusing two choirboys by the High Court and immediately freed from jail in April after spending 13 months behind bars.

The trial continues on Friday.

News Corp Australia is the publisher of NCA NewsWire.