QCCL MEDIA RELEASE: CALL FOR LAWPREVENTING PUBLIC IDENTIFICATION OF ACCUSED SEXUAL OFFENDERS

In the wake of Dennis Ferguson’s acquittal, the Queensland Council for Civil Liberties has again called for a law change preventing persons charged with a sexual offence, especially a child sexual offence, from being publicly identified especially by the media until after they are convicted.

QCCL Vice President Terry O’Gorman said that New Zealand has had such a law for a long time and it worked very well.

“The New Zealand law protects against vigilantism or a public rush to judgment in high profile cases. At the same time it does not interfere with the media and the public’s right to know as the media can publish the identity of a person charged with a sexual offence after they are convicted”, Mr O’Gorman said.

“The current law is unbalanced and extremely unfair to an accused whether a person has no previous similar offences or, like Mr Ferguson, does.”

Mr O’Gorman said that a person with no previous child sexual conviction still suffers even after being acquitted because the mud from adverse publicity sticks even if a person is found not guilty. This applies especially to high profile people such as footballers.

“A person with previous convictions like Ferguson would not be subject to vigilantism if the New Zealand model were to be applied not only in Queensland but throughout Australia”, Mr O’Gorman said.

“If the New Zealand law applied in Queensland the disgraceful and hysterical vigilantism to which Mr Ferguson has been subjected by some members of the public would not have been able to occur. Similarly, media contributions to identifying Mr Ferguson’s whereabouts and thereby assisting vigilantism would not have been lawful.”

6 March 2009
Queensland Council for Civil Liberties

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