Gag Order Remains for Defrocked Priest
By Victoria Nugent
An Armidale magistrate has upheld a gag on the identity of a defrocked priest charged with historic child sex offences. Magistrate Karen Stafford reviewed the non-publication order in court today and decided to uphold it on the grounds that lifting the gag “would be an objectively magnified risk” to his personal safety. The 59-year-old man was present in court as Magistrate Stafford reviewed an order put into place by Magistrate Richardson in November and a further application for a non-publication relating to charges laid since then. The former priest faces a total of 139 charges and has not yet entered a plea. Magistrate Stafford said the law specifies the privacy and safety of individuals in court procedures must not be unduly compromised. Adding to her concern was an incident that occurred in the town where the man was residing. The court heard the police had been made aware of Facebook posts about the man’s whereabouts and subsequent action had been taken. Magistrate Stafford said the incident raised “a suggestion of lack of privacy at best” but circulating details of his home address was a more serious issue. She said the need to protect the safety of any person going through the court outweighed the need for open justice when it came to making non-publication orders. Magistrate Stafford’s decision came after a detailed submission from the defence raising issues involving blog posts identifying the man and “vitriolic” internet comments. The defence argued that a non-publication order was necessary to prevent prejudice to justice, protect the safety of people in the court, prevent causing undue distress or embarrassment and was otherwise necessary in public interest. The DPP opposed both non-publication order applications. Magistrate Stafford also extended the order to all states and territories. Meanwhile crown prosecutor Peter Woods said the crown and defence were in the process of preparing a summary document, now more than 60 pages in length but there were “still areas where there is some disagreement”. He asked for a two-month adjournment and the man will face court again on November 6. Of his charges, 74 relate to the alleged sexual abuse of three girls and six altar boys during the 1970s and 1980s and 64 relate to the alleged abuse of a further two girls and one altar boy in Moree and Armidale in the early 1980s. A further charge relates to the incorrect storage of a firearm. The man’s bail conditions prevent him from visiting Armidale except for legal or medical reasons. He is also forbidden to approach Crown witnesses, his accusers or people aged under 16.
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