Pretrial Publication Of Criminal History - Complaint

Executive Director, Corporate Services

Queensland Crime & Corruption Commission

Complaints Division

Email:  mailbox@ccc.qld.gov.au

Dear Sir/Madam

RE:      PRETRIAL PUBLICATION OF CRIMINAL HISTORY - COMPLAINT

I refer to publicity in respect of the event described in the Courier Mail of Friday 8 November 2024 headed “Gran killed in crash by teen crim”.

It is noted in that regard that the following comments were reported as to the criminal history of the suspect, namely:-

·         Chief Superintendent Adam Guild said the teen was known to Police and confirmed he had matters before the Court (Courier Mail, Friday 8 November 2024, page 4); and

·         Channel 9 News 6:00pm Thursday 7 November 2024 where a comment was made that “(The suspect) has a 16 page rap sheet and is on bail”.

This Council has observed over recent times an increasing tendency in the aftermath of an arrest or related public controversy that comments by Police spokespeople are made about the suspect’s criminal history. 

The above comments appear to be a breach of the longstanding provision that there is to be no reference to a person’s criminal history in pubic comments by Police so as to preserve the integrity of the Court Trial process.

The doctrine underlining this longstanding rule is twofold, namely to ensure that the accused can obtain a fair Trial and, concomitantly, to protect a prosecution from legal challenge by way of a temporary or permanent stay of proceedings because of pretrial publicity.

This letter serves as a complaint that a named Police Officer in the Courier Mail article and unknown Police Officers in respect of the Channel 9 news article have breached this rule by providing information to journalists which contravenes the rule.

Accordingly, it is requested that this letter be accepted as a public interest complaint and that the apparent breach of the pretrial publicity procedure be investigated.

In making this complaint it is recognised that the event which caused the death of the person driving the car that was hit by the accused person is a significantly and deeply tragic event.

It is because of the understandable public outrage that follows such an event that the pretrial publicity rule forbidding publication of an accused’s criminal history exists.

We await your response to our complaint.