A Queensland Supreme Court judge is hearing an application by several media outlets on Friday to lift a suppression order over a high-profile man linked to an extortion case in the state’s far north.
The man’s identity has been under suppression since the matter first came to light earlier this year. He has been referred to as “MM”.
The high-profile man is not facing any charges himself, but his name was aired as part of another man’s case in the Cairns Magistrates Court relating to an attempted extortion.
Several media outlets on Friday fought to have the non-publication order lifted over the case, which has been shrouded in secrecy for weeks.
Andrew O’Brien KC, representing multiple media outlets, including this masthead, argued to have the suppression order lifted.
He said the law did not provide the principle for MM to have the protection of anonymity. This protection would only apply if MM was a victim, or a witness in the case, he said.
Henry asked O’Brien whether MM was considered to be a victim as well. O’Brien answered that MM was not a victim of the offence, and the alleged threat was not made to him.
O’Brien said the complainant had nothing to fear because she would not be identified.
Henry put the scenario to O’Brien that if a complainant went to police knowing a second person could be identified, this would be a deterrence to reporting.
“It’s the effect on future victims and them being deterred in coming forward,” Henry said.
O’Brien said MM also had the avenue to seek an injunction over the case.
In his arguments, O’Brien referred to several previous cases involving extortion and blackmail, and suppression orders.
One of those cases was that of former federal Liberal staffer Bruce Lehrmann, who had his suppression order lifted by Justice Peter Applegarth in October 2023 in relation to his Queensland rape case.
The decision to name Lehrmann came a little over three weeks after changes to Queensland laws allowed alleged rapists to be named before they are committed to stand trial. Lehrmann was unsuccessful in his bid to keep his identity secret after the law changes.
O’Brien also referred to the case of Hogan v Hinch, where broadcaster Derryn Hinch was charged for naming two sex offenders. O’Brien pointed to how the suppression order was considered necessary for the proper administration of justice.
The suppression order in the Cairns case was upheld by Acting Magistrate Gelma Meoli last month.
Meoli told the court that non-publication orders were made in blackmail and extortion cases, as victims might not come forward with complaints if the details of threats were exposed through court proceedings.
Brydie Bilic, representing the defendant, detailed to the court on Friday how in making the suppression decision, Meoli had repeatedly invited the prosecution to take instructions regarding the non-publication order.
Bilic said once the effectively blanket interim suppression order was put in place, the order was unable to be obtained from the registry because there was fear its release may constitute a breach of the order.
She said it became a “Kafkaesque situation”.
The hearing continues.
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