InBrief

The Editor Daily Telegraph

The Daily Telegraph's publication on Saturday of the names of those who provided written character statements for Dr Patrick Power under the headline “Pervert and his 59 Mates” jeopardises the due administration of justice in this state. � With this distorted headline and no explanation about the lawful purpose of character statements in legal proceedings, The Daily Telegraph falsely imputes that the authors of the statements are supporters of criminal conduct. This publication is grossly misleading and vilifies each one of the authors of these statements. It will have the effect of deterring people from providing evidence in this and future cases. � Every day, throughout New South Wales, thousands of people give evidence or provide written character statements for use in our courts by judicial officers when determining criminal sentences according to law. These statements are given in written form for the convenience of the court and with the consent of the prosecution so that their authors do not have to be summoned to give oral evidence as witnesses. They are nevertheless sometimes required to appear as witnesses if the prosecution does not agree to their statements being tendered as evidence or the court wishes to hear from them before passing sentence. � The fifty nine Australian and overseas citizens from many different backgrounds referred to in this publication have been humiliated for performing the simple public duty of offering themselves as potential witnesses to assist the court. Even now the court may wish to hear from some of them in this case in person before passing sentence. This publication is calculated to discourage them from coming to court for fear of further public reprisal.

Justice is also a continuing process. These witness statements are an important ingredient in a fair trial of a criminal defendant. Within the law both sides in a criminal prosecution are entitled to have a fair opportunity to present evidence in their favour. Our system of justice cannot operate fairly if potential witnesses are deterred from giving evidence in future cases for prosecution or defence because they may be publicly punished for doing so.

Protecting witnesses from unwarranted public attack is important for maintaining a fair justice system. All fifty nine of these people deserve the simple protection of an immediate and unreserved apology from the Daily Telegraph for this publication. I hope it will be provided.

Yours faithfully,

MJ Slattery QC President

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