Prejudicial publicity: when will it ever result in a permanent stay of proceedings?

Abstract

The Queensland Court of Appeal's decision to overturn a District Court judge's decision to permanently stay criminal charges because of adverse publicity against a man accused of child offences has again highlighted tensions between free speech and the right of an accused to a fair trial. Australian courts have traditionally accorded the fair trial principle primacy over free speech. Fairness is not a selective concept; it applies to the accused as much as it does to the prosecution. For the public has an inerest in ensuring not just that justice is done but that it is done fairly. However it appears the stridency of the media is leading a trend to affording free speech a higher priority especially in cases which have attracted media attention and alleged community concern.