Byron Shire Mayor Michael Lyon charged with assaulting wife as non-publication bid denied

The mayor of Byron Shire – accused of common assault and stalking/intimidation – has lost an application in court to suppress the media from reporting on the criminal proceedings.

Byron Shire Mayor Michael Lyon. Picture: Duncan Evans

A Northern Rivers mayor accused of assaulting his wife has lost an application in court to suppress the media from reporting on the criminal proceedings.

Byron Shire Council Mayor Michael Lyon slapped his knee when the decision was handed down by a magistrate and was heard muttering “for f--k’s sake”.

The mayor, also chair of Northern Rivers Joint Organisation (NRJO), has pleaded not guilty to common assault and stalking/intimidation following an “altercation” earlier this month. A notice of non-complaint has been filed by alleged victim Susan Lyon.

Byron Shire Council Mayor Michael Lyon holds hands with his wife Susan Lyon outside court at a previous appearance. Picture: Sam Stolz/NewsLocal

NSW Police states officers were called to a home at The Pocket, about a 25 minute drive from Byron Bay, following reports of a domestic incident about 10.30pm on August 1.

Tweed Byron Police officers arrived and were told Mr Lyon had allegedly assaulted Ms Lyon before leaving the scene. No injuries were reported

Tweed Heads Courthouse. Picture: David Bonaddio

Mr Lyon was arrested at Tweed Heads Police Station the next day.

The mayor, with Byron lawyer John Weller of Byron Bay-based firm John D Weller and Associate, appeared at Tweed Heads Local Court on Tuesday.

Mr Lyon entered the not guilty pleas on August 19 and an apprehended violence order (AVO) application has been made for the alleged victim on behalf of police. An interim suppression order was granted by Magistrate Geoff Dunlevy on the day, until the matter was determined.

News Corp fought against non-publication on principles of open justice and the public interest.

Mr Weller argued further reporting would cause significant damage to the mayor’s reputation and standing in the community.

Michael Lyon is the mayor overseeing Byron Bay – one of Australia’s most popular tourist hot spots. Picture: iStock

“Mr Lyon is well-known and regarded in local schools, at community events and fundraisers and is part of a close and loving family,” he told the court.

It was submitted exposure to publicity would impact on Mr Lyon’s capacity to conduct duties.

But lawyers for the Nine Network (including Fairfax Media) and Nationwide News Pty Ltd argued the “horse had already bolted” and details had already been widely published.

News Corp lawyer Tim Matchett, acting for The Daily Telegraph, NewsLocal and the Byron Shire News, said the public was already aware of charges due to previous reporting - and that suppression would only lead to people relying on “gossip and innuendo within the tight knit community of Byron Bay”.

It was argued reputational damage or embarrassment faced by Mr Lyon was not a basis for a non-publication order.

Lawyer Sam White for Nine saidit was in the public’s best interest to have Mr Lyon’s matter reported on accurately by the media, rather than speculated on in the community.

He argued the order being sought was “futile” and details had already been widely publicised.

“The order then becomes somewhat irrelevant given previous publication. You can’t put a genie back in the bottle,” Mr White said.

Byron Shire Mayor Michael Lyon speaks at an event. Picture: Liana Boss/NewsLocal

Mr Lyon was seen shaking his head as the lawyers made their arguments.

The case is pending as Mr Lyon is set to take part in the local government elections in NSW on September 14.

Mr Dunlevy told the court the case was “obviously of significant public interest, at the intersection of the private interests of Mr Lyon”.

“I accept that the principle of open justice is an important one,” he said.

“The principal of open justice is not an absolute one. However, the principal should not be restricted lightly.

“I’m convinced that in the principal of public interest, it should not be compromised in relation to this matter.

“It’s a trite observation to say that being involved in domestic violence proceedings can have an enormous impact on both a victim and the accused.”

Mr Dunlevy continued: “As a framework, if a suppression order is granted in cases like this one, it could create the illusion of a two-tiered justice system where public figures are protected, but not ordinary individuals.”

The magistrate said he accepted Mr Lyon would likely face hardships in managing roles as both mayor and NRJO chair.

Byron Shire Mayor Michael Lyon. Picture: Supplied

He said while he had sympathy and understanding, it did not warrant a suppression order.

Outside court, a visibly upset Mr Lyon told media: “I’ve only got one thing to say.”

“In a system that is designed to protect women, the process here on behalf of the justice system has cataclysmically failed. And I’m extremely disappointed on behalf of my family, I don’t care about me. I will be fine,” he said.

When asked about the charges, Mr Lyon said: “I am innocent.”

“My wife has from day one withdrawn any desire...never actually made a statement wanting the charges. This has all been driven by police, not her,” he said.

Questioned whether the situation would impact his standing in the upcoming elections, Mr Lyon said he was “not interested in that”.

“I’m interested in the process here that has been failed, in order for women to be protected,” he said.

The case has been adjourned and a hearing is due to be held in the Tweed court on March 11 next year.

Originally published as Byron Shire Mayor Michael Lyon charged with assaulting wife as non-publication bid denied