Magistrate warns over media scrutiny surrounding Chris Dawson murder case

Magistrate warns over “intense media scrutiny” surrounding Chris Dawson murder case.

Chris Dawson, right, with his brother Peter Dawson leaving Sydney’s Downing Centre Courts today. Picture: AAP

A Sydney deputy chief magistrate has warned about the “intense media scrutiny” and commentary surrounding the high-profile murder case of Chris Dawson.

Mr Dawson, 70, is fighting a murder charge after his wife Lyn disappeared 37 years ago. He was also charged in June with having sex with a 16-year-old girl while he was a teacher.

Lyn’s disappearance received international attention after it was the subject of The Australian’s Teacher’s Pet podcast.

At Sydney’s Downing Centre Local Court Chief Magistrate Michael Allen warned that speculation and reporting of the high profile case would “chip away” at public confidence in ensuring a fair trial.

Chris Dawson faces a five-day committal hearing in February. Picture: AAP

But Mr Dawson’s lawyer, Greg Walsh, who has openly discussed the case with the media outside court, argued that material about the case was still widely available on Youtube and Facebook, which are American sites. The 16-episode podcast by journalist Hedley Thomas was removed from Australian online platforms while the matter remains before the court.

Chief Magistrate Michael Allan dismissed the argument that the podcast material was still available on the American platforms, claiming it was “impossible” for the public not to know about the case.

“Someone would have to be living in a cave or be naive in the extreme to perhaps ignore the potential for unfairness to a person who receives this level of media scrutiny so broadly and over this period of time,” Magistrate Allan said.

Magistrate Allen said in his 35 years in Law, he had never encountered a case with this level of “intense media scrutiny” and said commentary from journalists and Mr Walsh surrounding the case could threaten the integrity of the judicial system for their own gain.

“If there are organisations or individuals in the community, both here or abroad, who continue to chip away at the community’s confidence in the justice system for their own commercial gain, (the case) will be in a very dark place,” he said.

Thomas’ barrister Dauid Sibtain told the court that previous allegations made by Mr Walsh outside court that Thomas was “provided with police files” and sought the assistance of a clairvoyant were “false” and hindered the possibility of a fair trial.

Seven people have been served with subpoenas which include the schoolgirl Mr Dawson was having an affair with at the time of Lyn’s disappearance — who cannot be named for legal reasons — the chief executive of South Pacific Private Hospital, Thomas and Nationwide News. The NSW Ministry of Health has also been subpoenaed, as well as a friend of one of the students Mr Dawson was having an affair with.

Mr Sibtain, acting for Nationwide News and Thomas, told the court he would be applying to “set aside” the subpoena served to his two clients.

“Hedley has already spent hundreds of hours producing thousands of pages of material and responding to requests from police for documents,” Mr Sibtain said.

Mr Dawson, a former Newtown Jet’s player, stood tall in a packed courtroom today with his brother Peter to face the new underage sex charge.

Both charges will dealt with together at the next hearing on September 19.

A five-day committal hearing is set down for February next year where the court will hear from five confirmed witnesses, while three are still to be agreed upon.

Editor’s note: Some earlier versions of this story said the NSW Health Minister could be subpoenaed to the Dawson trial. This is incorrect. It is the NSW Ministry of Health that could be subpoenaed.