Court says press coverage of Icac hearings posed an ‘unacceptable risk’ of prejudice in trial of former NSW ministers

This article is more than 1 year old

This article is more than 1 year old

The coalmining exploration licence trial of the former New South Wales Labor ministers Eddie Obeid and Ian Macdonald has been delayed due to “adverse media commentary” following an ongoing anti-corruption hearing.

The NSW supreme court trial of the two men, and Obeid’s son Moses, was due to start on 30 September, but on Monday Justice Elizabeth Fullerton granted their application for a temporary stay until 3 February.

The trio are accused of conspiring over the issuing of a coalmining exploration licence on Obeid family land at Mount Penny in the Bylong Valley, near Mudgee.

Fullerton was satisfied there was “unacceptable risk” that their right to a fair trial would be prejudiced if the stay was not granted, according to the summary of her judgment.

This was because of the “intensity, proximity and nature” of pre-trial publicity where the two former ministers are referred to in adverse terms and reference is made to Moses Obeid by association.

The publicity followed public hearings, which began on 26 August, by the Independent Commission Against Corruption into the conduct of various officials and senior members of the NSW branch of the Australian Labor party in 2015.

“The press coverage of the ICAC hearing included, by way of commentary, repeated adverse reference to the accused Mr Edward Obeid and Mr Ian Macdonald utilising a range of epithets,” the summary said.

The coverage included adverse remarks made on 2SM radio, and an adverse quote from the NSW premier, Gladys Berejiklian, published in the Daily Telegraph.

Other adverse commentary included online articles published by the Guardian, the Australian Financial Review, an editorial commentary and cartoon in the Daily Telegraph, and commentary in the Weekend Australian.

The Sunday Telegraph and The Australian also attributed various adverse comments to the prime minister, Scott Morrison, including comments he allegedly made in question time in parliament, the summary said.

It also referred to a Good Weekend extract of a recently published book in which adverse reference was made to Eddie Obeid.

The judge concluded that the temporary stay should be granted “because of the cumulative effect of adverse media commentary”, the summary said.

This was without singling out individual journalists, print media outlets, radio broadcasters or contributors to social media as “more egregious in their commentary than others”.

“The order was made despite the disruption to the administration of criminal justice and the cost to the community and the state that is the inevitable result,” the summary said.