Children’s Court bid to gag victims of youth thugs
SHANNON DEERY, Herald Sun
August 9, 2017 9:00pm
Subscriber only
VICTIMS of young thugs would be effectively gagged from speaking out about the crimes in a new push to protect juvenile offenders.
Children’s Court president Amanda Chambers this week threatened that journalists could face large fines and even up to two years’ jail for publishing articles that identify victims who want to tell their stories. Her warning letter says it is critical not to “embarrass or stigmatise” young accused.
Longstanding legislation restricts publication of anything that could identify a child who is subject to court proceedings, or a witness in the proceedings.
But Judge Chambers is now warning that once a child is arrested, media coverage that identifies any victims or witnesses could be in breach of the law.
“Some journalists have conducted interviews with victims clearly being identified on camera, or with victims’ faces pixelated or distorted,” she writes.
“Various news reports have published particulars such as the names, ages and occupations of victims. For the purposes of (the Act) a witness may be a victim of an alleged offender.”
Toorak jeweller Tony Fialides, whose store has twice been the subject of terrifying armed robberies, was shocked by the warning.
“I think it’s grossly unfair that we should be gagged,” he said.
And Police Association Victoria secretary Wayne Gatt said: “While we acknowledge and respect the right to anonymity young offenders are afforded due to their age, we also must acknowledge the rights of victims to tell their story.”
“Unless a comment made by a witness or victim identifies a young offender, then innocent people deserve the right, for their own healing and the wider public interest, to talk about their experiences. To gag them from speaking is to inflict a further injustice on them.”
Judge Chambers flagged referring any breaches to the Director of Public Prosecutions.
Judge Amanda Chambers is now warning that once a child is arrested, media coverage that identifies any victims or witnesses could be in breach of the law.
Her warning, updating one in 2009, is the first of its kind to have been issued since then.
It has prompted several media outlets to challenge it.
Leading media lawyer John-Paul Cashen, of Macpherson Kelley which represents the Herald Sun, said the warning was not supported by the legislation.
“In our view, there is simply no basis for an interpretation … that prevents publication of the identity of eyewitnesses and victims, except in rare cases where that person is also a witness in the proceeding, or when publication is likely to identify a child or other party to the proceeding,” he said.
Mr Cashen said the Act did not refer to “a potential witness in the proceeding” nor to “an eyewitness to an event which is relevant to a proceeding.
“Had parliament intended the provision to have that effect it would have expressed the provision in such terms.”
He said the public should be informed as much as possible about youth crime. “Telling the stories of victims and eyewitnesses is a powerful way to educate the public and bring about social change,” he said.
“Media outlets are always careful not to identify children. However, we must make sure that restrictions do not go beyond what parliament intended,” Mr Cashen said.
Children’s Court of Victoria spokeswoman Ashe Whitaker said the warning was not a “court-imposed gag ... but a reminder to the media about the importance of complying with the law, which prohibits the media publishing information that may identify parties to a case in the Children’s Court.”
“Complying with the law does not prevent the media reporting on the nature and extent of offending or on the impact of offending by children, but prohibits the identification of parties to Children’s Court proceedings,” she said.
The problem of youth crime came to a head during last year’s Moomba riots.
There have since been dozens of carjackings, jewellery store robberies, and violent home invasions.
Data shows fewer young people committing crime but more committing multiple offences, increasing overall youth offending.
Crime Statistics Agency data revealed the City of Melbourne was a hotspot, showing a 20.3 per cent increase in offences committed by people aged 18 and under in the 12 months to September 2016.
The state government has struggled to curb the trend despite introducing new offences and boosting police numbers.
JEWELLER DEPLORES COURT GAG
YOUNG thugs have terrorised jeweller Tony Fialides, twice staging brazen burglaries of his Toorak store.
In the latest robbery they stole more than $100,000 worth of jewellery prompting Mr Fialides to introduce a range of new security measures.
He says gagging victims of youth crime threatens transparency and threatens public discussion to encourage social change.
Jeweller Tony Fialides says gagging victims of youth crime threatens transparency. Picture: Alex Coppel.
“It’s absolutely wrong that victims of youth crime aren’t allowed to air their views. It is just another case of hiding what’s really going on,” he said.
“From my point of view. it seems to me, once again, the victims are being ignored as they have been in lots of cases, especially jewellers over the last 10 or 12 months.
“I think it’s grossly unfair that we should be gagged.”
Mr Fialides’ store was robbed twice in three months. In one robbery a store manager had a gun pointed at his head.
“I support protection of the young, but I do believe that victims of crime need even more support,” he said.
“I like transparency as much as possible. Young people deserve a chance, but you can go too far.
“It doesn’t seem a healthy way of doing things for me.”
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