It’s ‘definitely doable’ Lisa Wilkinson might be prosecuted over her Logies acceptance speech which noticed the trial of Brittany Higgins’ accused rapist delayed, a prime barrister says.
Dr Matthew Collins, President of the Australian Bar Affiliation, advised Dawn on Wednesday that it’s a ‘severe chance’ that authorities could look into charging Wilkinson with contempt of court docket.
Sky Information Outsiders host Rohan Dean additionally weighed in, posing the query of whether or not Channel 10 will stand down Wilkinson over her feedback as media had been beforehand warned by the decide to not touch upon the Brittany Higgins case.
‘Seeing because the decide advised the media to not touch upon the Brittany Higgins case will Lisa Wilkinson now be charged with contempt of court docket and can she be suspended from Channel 10?
‘Or is it one rule for lefty celebrities and one other for the remainder of us?’ Mr Dean requested.
Lisa Wilkinson’s Logie acceptance speech the place she referenced Brittany Higgins may see her going through authorized expenses after Bruce Lehrmann rape trial is delayed
TV presenter Lisa Wilkinson (left) is pictured with former political staffer Brittany Higgins (proper)
Contempt of court docket is when a person who is named to present proof in court docket deliberately engages in behaviour thought of to be disrespectful to the court docket or Justice of the Peace.
Dr Collins mentioned Wilkinson may discover herself in scorching water as her feedback had the ‘tendency to intervene with the administration of justice’.
‘It is definitely doable that the authorities can be wanting on the speech that she made to the Logies and assessing that speech towards the usual which applies on this department of the regulation and that normal is did something she do tend to intervene with the administration of justice,’ he mentioned.
‘The entire level is that any particular person in our group going through a cost like that is entitled to the presumption of innocence.
‘That signifies that going into the court docket there ought to be no preconceptions a technique or one other, so the jury can focus actually keenly on the proof because it unfolds within the witness field and it places out their thoughts something that they could have seen within the media…’
The ACT Director of Public Prosecutions declined to touch upon whether or not The Mission host can be prosecuted after questions from Each day Mail Australia.
‘The Director doesn’t touch upon issues presently earlier than the court docket, together with touch upon points ancillary to present proceedings,’ a spokesperson mentioned.
Lehrmann’s trial more likely to be later this 12 months after Chief Justice Lucy McCallum agreed to delay court docket case after Lehrmann’s legal professionals argued Ms Wilkinson’s actions threatened a good trial
President of Australian Bar Affiliation, Dr Matthew Collins mentioned Wilkinson could also be in authorized bother as her feedback had the ‘tendency to intervene with the administration of justice’
Dr Collins mentioned Wilkinson’s feedback and the media consideration the case has garnered has made it exponentially more durable for members of the jury to use the presumption of innocence and focus solely on the proof given within the trial.
‘The issue arises when the fabric is within the nature of sensational protection, very very near the beginning of a trial as a result of it may be tough to differentiate between what occurs within the courtroom and what occurs outdoors it,’ he mentioned.
‘A technique by which judges can management this type of materials from probably coming to the eye of jurors is by imposing a media blackout.’
Dr Collins mentioned one choice transferring ahead is for the court docket to impose a prohibition order stopping media from speaking concerning the points within the case.
‘The mainstream media, you guys, perceive the chance inherent in speaking about instances that are about to go to trial earlier than courts, significantly severe excessive profile instances. Clearly this was ill-advised,’ he mentioned.
In Wilkinson’s Logie acceptance speech she made reference to Brittany Higgins and her story to only shy of 1 million viewers.
Because of the speech, Bruce Lehrmann’s case was granted a short lived keep within the ACT Supreme Courtroom on Tuesday after his lawyer mentioned a jury trial could be ‘untenable’ following The Mission host’s speech.
No date has been set for the trial which was initially because of begin on the ACT Supreme Courtroom in Canberra on Monday June 27.
Nonetheless, ACT Chief Justice Lucy McCallum mentioned whereas she regrettably needed to delay proceedings, an October itemizing will possible present sufficient time for publicity surrounding the case to dissipate.