Cardinal George Pell case media charges dropped

Victoria’s Supreme Court has thrown out contempt charges against non-Victorian newspapers over coverage of Cardinal George Pell’s conviction.

Cardinall George Pell at his home last week. Picture: Victor Sokolowicz

The Victorian Supreme Court has thrown out contempt charges against non-Victorian newspapers over their coverage following Cardinal George Pell’s conviction for child sex abuse offences but 79 charges against media outlets and individuals remain.

The Office of Public Prosecutions claims major media outlets breached a suppression order and committed sub judice contempt in reports following the 2018 conviction, which referred to a “high-profile” and “internationally prominent” person who had been found guilty of a “terrible crime” and would face a second trial.

The articles also referred to a suppression order and that international media and social media were reporting the story.

During a seven-day hearing in November, lawyers for the media argued all charges should be thrown out. Justice John Dixon on Friday dismissed eight of 87 charges against 26 media organisations and individuals.

He rejected the prosecutor’s submissions that the Courier-Mail, The Daily Telegraph, Sydney Morning Herald and their editors, as well as radio station 2GB and presenter Chris Smith, committed sub judice contempt but left the charges of breaching the suppression order. Will Houghton QC, representing the News Corp Australia publications, told the court the Courier-Mail sold 67 copies in Victoria the day after the verdict and The Daily Telegraph sold 196.

“Taken at its highest, such evidence could not demonstrate, as a matter of practical reality, the requisite tendency to interfere with the due administration of justice,” Justice Dixon said.

The same submission was made by Dr Matthew Collins QC on behalf of the Sydney Morning Herald and 2GB Breakfast segment that was played at 5.41am and lasted about 45 seconds.

Referring to the Courier-Mail, Justice Dixon said he was not persuaded the publication had the requisite tendency to interfere with the administration of justice through the prosecution submissions about extended distribution in Victoria. He dismissed the sub judice contempt charge against the other papers, their editors, 2GB and Smith.

The matter will return to court in late January.