A former suburban Melbourne mayor has had his identity protected by the courts for mental health reasons, despite being charged with drugging and raping a teenage boy.
Police allege the ex-councillor gave the 17-year-old an “intoxicating substance” and then “intentionally took part in an act of sexual penetration” in December 2019.
The ex-mayor first faced Melbourne Magistrates Court in November where he was granted an interim suppression order banning the media from identifying him, and the order was then given full approval the following month, the Herald Sun reported.
The accused did not appear on court on either occasion, and defence lawyer Sam Norton successfully argued a gag order was necessary to protect his client’s safety due to his mental health issues.
Mr Norton said media coverage was “undoubtedly going to have an impact on my client’s mental health”, and supplied a report from a psychiatric facility.
The prosecution argued the accused’s safety was being protected by staff at the facility, but Magistrate William Parker ruled a suppression order was “necessary”.
During the next hearing in January the ex-mayor was out of hospital and appeared in court for the first time, smiling and appearing healthy while wearing a suit and tie.
He will contest the charges at a committal hearing later this month to determine if there is enough evidence for him to be tried in the County Court.
An independent report by Monash University released on Tuesday found Victorian courts were breaching open justice laws with “impunity”, with about half of Australia’s suppression orders issued in Victoria.
The report accused the courts of blatantly breaching the Open Courts Act by censoring information released to the media, calling the situation a “crisis”.
“The limitations to conducting public interest news journalism in Victoria are now so severe that the crucial role of news reporting holding powerful institutions and individuals to account is under significant strain,” the report found.
“The report found that Victorian courts frequently and routinely breach the OCA with impunity. This is a serious situation and could damage the doctrine of natural justice on which the legitimacy of the courts rests. The courts are supposed to uphold the law – not break it.”
Header image: Melbourne Magistrates Court. By Canley – Own work, CC BY-SA 4.0, Link (cropped)
