Magistrate’s boss Janelle Brassington has ‘no authority’ to reverse lockout

A Courier-Mail journalist was barred from publishing information on every youth crime case at a local Queensland court and now the magistrate’s boss has responded.

• Legal analysis of the case

Queensland’s Chief Magistrate has reviewed the recording of a local magistrate’s decision to slap a non-publication order on every youth crime case in his courtroom, despite new laws championing greater transparency in Children’s Court proceedings.

A Courier-Mail journalist was on September 5 barred from publishing information on every youth crime case heard in Wynnum Children’s Court.

Magistrate Zachary Sarra’s extraordinary decision to make a non-publication order on all youth crime matters in his courtroom came about just days after new legislation came into effect, allowing journalists and victims of crime to access Children’s Court proceedings for the first time.

The Courier-Mail attempted to obtain a copy of the non-publication order following the decision, but was unable to.

Chief Magistrate Judge Janelle Brassington responded to the decision, saying she had reviewed the court recording of the matter.

She noted Mr Sarra has said: “It might be worthwhile, not as a reporter reporting on any specific matter, it might be appropriate to just sit and see how the process works so it gives you some information”.

Wynnum Magistrate Zac Sarra

Chief Magistrate Janelle Brassington

“It will give you a little bit more insight… You won’t be in here as a media representative, you will be here as an observer to see how we deal with such matters,” Mr Sarra said.

Chief Magistrate Brassington said in her response that she had been informed this was because “no order or direction was endorsed on any relevant Children’s Court file”.

However, Chief Magistrate Brassington said she had “no authority” to interfere with the decision of Mr Sarra.

“Nor can I provide an interpretation of any decision that was made by a magistrate or provide advice to parties on any remedy they might have to correct a determination by a magistrate,” Magistrate Brassington said.

“Due to the principle of judicial independence observed in Australian Courts I am not able to direct, or influence, or seek to direct or influence the Court’s judicial officers as to how to decide matters that come before them.”

Premier Steven Miles said he hoped the new legislation, which still bars media from identifying youth offenders, allowed journalists to “provide better context in their reporting”.

“I think what’s particularly important was that step we made to make it more open to victims and victims’ families in the cases of homicide,” Mr Miles said last week.

Originally published as Magistrate’s boss Janelle Brassington has ‘no authority’ to reverse lockout