The female Channel 7 personality who has been charged with rape and torture of a child is almost certain to lose her application for a suppression order after the high-profile Toowoomba man charged with rape set a precedent by losing his application for a suppression order.
The Richlands Court Magistrate hearing the Channel 7 personality’s case is not bound by the Toowoomba Magistrates judgment but given the evidence used to support the applications for the suppression orders is so similar, as I discuss below, it is hard to see the Richlands Magistrate not agreeing with the Toowoomba Magistrate.
As it currently stands both the female Channel 7 personality and Toowoomba man are still protected by suppression orders. The Channel 7 personality is waiting for a judgment at the Richlands Magistrates Court which is due on the 28th of October.
But in a strange twist the Toowoomba man’s appeal in the Queensland Supreme Court is set for the 26th of October which is likely to also have a bearing on the decision in the Richlands Magistrates Court for the Channel 7 personality.
So its not confusing I will put everything in order:
Channel 7 personality – The 52-year-old woman is accused of eight counts of rape, one sexual assault, 17 counts of indecent treatment of children under 16, two charges of torture, four allegations of assault occasioning bodily harm – two of them whilst armed/in company and two common assault offences. And a 49-year-old man is charged with seven counts of assault occasioning bodily harm.
Toowoomba man – He is charged with 2 counts of rape.
Queensland previously had laws supressing the names of people charged with sex crimes until their case had been set down for trial. But new laws came into effect in Queensland on the 3rd of October 2023 allowing the alleged offenders to be named the same as alleged offenders for other crimes.
The Channel 7 personality and Toowoomba man tried to circumvent the new laws and the Channel 7 personality was granted interim suppression orders on the 27th of September by the Richlands Magistrates Court and the Toowoomba man was granted interim suppression orders on the 29th of September by the Queensland Supreme Court in Brisbane.
The Channel 7 personality had her hearing for the suppression orders on Friday the 6th of October and the Magistrate reserved his judgment until the 28th of October. (The media reported the 28th but that is a Saturday so maybe the media made a mistake on the date)
The Toowoomba man had his hearing on Friday the 13th of October for suppression orders at the Toowoomba Magistrates Court. The Magistrate handed down a judgement the same day and the Toowoomba man lost but was granted an interim suppression order so he could appeal.
The Toowoomba man filed his appeal in the Qld Supreme Court in Brisbane on Tuesday the 17th of October and his appeal is set down for Thursday the 26th of October. (It’s not actually an appeal, it’s a review, which I discuss in the below video)
I published the below video on Wednesday the 18th of October where I outline and clarify the issues:
(Click here to watch the above video on YouTube)
Both the female Channel 7 personality and Toowoomba man have argued via their lawyers that they are entitled to suppression orders because they are suffering from mental health issues and are suicidal and if they are named in the media that would inflame their mental health problems.
But both the female Channel 7 personality and Toowoomba man refused to give evidence themselves on the witness stand and instead relied on legal argument from their barristers and a letter from their psychologists.
Refusing to give evidence themselves greatly weakened their chances of being granted suppression orders but even if they did give evidence, they were always going to struggle to get suppression orders. Otherwise, the new Queensland laws would be a waste of time and the floodgates would have been opened for others to apply for suppression orders.
I know in NSW defamation matters suppression orders should only be made in “exceptional circumstances” Rinehart v Welker at [27] and that seems to be the position the Toowoomba Magistrate took when rejecting the Toowoomba man’s application for a suppression order.
I have no doubt the Toowoomba man will lose his appeal in the Qld Supreme Court on the 26th of October and if that happens, and the judge hands a judgment on the same day, it will set a precedent for the Magistrate at the Richlands Court in the matter for the Channel 7 personality.
Judicial officers in lower courts have to follow precedents from higher courts, but of course the cases have to be similar.
And the Channel 7 personality and Toowoomba man have very similar cases as far as their applications for suppression orders are concerned. They both refused to give evidence on the witness stand and relied on their barristers arguing from the bar table and a letter from a psychologist arguing they have mental health issues and are suicidal.
A barrister running legal arguments from the bar table backed by only by a letter is weak evidence to support an application for a suppression order.
New laws should be tested but I have no doubt that both the Channel 7 personality and Toowoomba man are testing the new law regarding suppression orders not because they think they are entitled to suppression orders. I have no doubt they know they will eventually lose but are trying to delay be exposed publicly for as long as they can because of other issues that will be affected if they are named in the media.
Irrespective of how the matters go on the 26th and 28th of October, I expect appeals will happen, so we could be waiting a while longer before they can be legally named.
Update 23/10/23: Bruce Lehrmann has now been named as the alleged Toowoomba rapist as Supreme Court Justice Peter Applegarth dismissed Lehrmann’s application for a judicial review.
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Categories: Channel 7
What a travesty of justice it would be if a rapist’s mental equilibrium was disturbed.
Just as well the law is there as a barrier against justice.
Yes, just imagine the poor mental health caused by these two subhumans. This is supposed to be about justice!
So he has more appeal options still?
Suppression Orders lifted in Toowoomba Rape Case.
Yep, Bruce Lehrmann is The Accused.