PEOPLE using social media to “name and shame” an accused man as a show of support for an 11-year-old alleged child sex victim in Newcastle could complicate a possible future trial, lawyers have warned.
People also risked prosecution for making some social media posts.
Further posts about the man or descriptions of him as guilty risked a possible trial being moved from Newcastle to another area, said criminal law specialist Manny Conditsis.
Protracted and extreme social media commentary also risked an application from the mans lawyer for a permanent end to proceedings because he couldnt get a fair trial, Mr Conditsis said.
“Thats a very extreme scenario and highly unlikely to happen but the accuseds lawyer could apply for it,” Mr Conditsis said.
Social media posts in the past 24 hours have carried photos and named the man charged by police with abducting the girl on June 12 on her way to school and sexually assaulting her over a number of hours.
Many of the posts were written and shared after a court registrar made a non-publication order on Sunday prohibiting publication of information that would identify him.
The order was made after his defence lawyer argued identifying him could threaten his safety while in custody. The order was opposed by prosecutors and the media and remains in place until he appears in court on Wednesday.
Mr Conditsis said people who continued to identify the man on social media despite the order risked prosecution themselves.
“Contempt of court applies to everybody, therefore anything that is said or done leading to the identification of this person is a contempt of court, with a potential jail sentence,” he said.
People posting and sharing social media commentary after people are charged also risked identifying the wrong person, with potentially “horrendous” consequences, Mr Conditsis said.
Australian National University college of law Professor Mark Nolan said people who said they were supporting victims of crime when they made social media “name and shame” posts needed to consider the possible consequences.
“Are you supporting the complainant if your actions may actually prevent the prosecution from pursuing a jury trial in Newcastle? Thats the paradox of trial by social media,” Professor Nolan said.
People making social media posts risked prosecution, but jurors who carried out internet searches also faced potential prosecution, Professor Nolan said.
At least one jury in a high-profile trial has been dismissed after allegations a juror conducted internet searches.
This story Naming and shaming could complicate a trial and land you in legal trouble first appeared on Daily Liberal.
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Australia resists calls for tougher climate targets
Australia’s Prime Minister Scott Morrison has resisted pressure to set more ambitious carbon emission targets while other major nations vowed deeper reductions to tackle climate change.
Addressing a global climate summit, Mr Morrison said Australia was on a path to net zero emissions.
But he stopped short of setting a timeline, saying the country would get there “as soon as possible”.
It came as the US, Canada and Japan set new commitments for steeper cuts.
US President Joe Biden, who chaired the virtual summit, pledged to cut carbon emissions by 50-52% below 2005 levels by the year 2030. This new target essentially doubles the previous US promise.
By contrast, Australia will stick with its existing pledge of cutting carbon emissions by 26%-28% below 2005 levels, by 2030. That’s in line with the Paris climate agreement, though Mr Morrison said Australia was on a pathway to net zero emissions.
“Our goal is to get there as soon as we possibly can, through technology that enables and transforms our industries, not taxes that eliminate them and the jobs and livelihoods they support and create,” he told the summit.
“Future generations… will thank us not for what we have promised, but what we deliver.”
Australia is one of the world’s biggest carbon emitters on a per capita basis. Mr Morrison, who has faced sustained criticism over climate policy, said action to reduce greenhouse gas emissions would focus on technology.
The prime minister said Australia is deploying renewable energy 10 times faster than the global average per person, and has the highest uptake of rooftop solar panels in the world.
Mr Morrison added Australia would invest $20bn ($15.4bn; 11.1bn) “to achieve ambitious goals that will bring the cost of clean hydrogen, green steel, energy storage and carbon capture to commercial parity”.
“You can always be sure that the commitments Australia makes to reduce greenhouse gas emissions are bankable.”
Australia has seen growing international pressure to step up its efforts to cut emissions and tackle global warming. The country has warmed on average by 1.4 degrees C since national records began in 1910, according to its science and weather agencies. That’s led to an increase in the number of extreme heat events, as well as increased fire danger days.
Ahead of the summit, President Biden’s team urged countries that have been slow to embrace action on climate change to raise their ambition. While many nations heeded the call, big emitters China and India also made no new commitments.
“Scientists tell us that this is the decisive decade – this is the decade we must make decisions that will avoid the worst consequences of the climate crisis,” President Biden said at the summit’s opening address.
Referring to America’s new carbon-cutting pledge, President Biden added: “The signs are unmistakable, the science is undeniable, and the cost of inaction keeps mounting.”
Read from source: https://www.bbc.com/news/world-australia-56854558
Sydney seaplane crash: Exhaust fumes affected pilot, report confirms
The pilot of a seaplane that crashed into an Australian river, killing all on board, had been left confused and disorientated by leaking exhaust fumes, investigators have confirmed.
The Canadian pilot and five members of a British family died in the crash north of Sydney in December 2017.
All were found to have higher than normal levels of carbon monoxide in their blood, a final report has found.
It recommended the mandatory fitting of gas detectors in all such planes.
British businessman Richard Cousins, 58, died alongside his 48-year-old fiancée, magazine editor Emma Bowden, her 11-year-old daughter Heather and his sons, Edward, 23, and William, 25, and pilot Gareth Morgan, 44. Mr Cousins was the chief executive of catering giant Compass.
The family had been on a sightseeing flight in the de Havilland DHC-2 Beaver plane when it nose-dived into the Hawkesbury River at Jerusalem Bay, about 50km (30 miles) from the city centre.
The final report by the Australian Transport Safety Bureau (ATSB) confirmed the findings of an interim report published in 2020.
It said pre-existing cracks in the exhaust collector ring were believed to have released exhaust gas into the engine bay. Holes left by missing bolts in a firewall then allowed the fumes to enter the cabin.
“As a result, the pilot would have almost certainly experienced effects such as confusion, visual disturbance and disorientation,” the report said.
“Consequently, it was likely that this significantly degraded the pilot’s ability to safely operate the aircraft.”
The ATSB recommended the Civil Aviation Safety Authority consider mandating the fitting of carbon monoxide detectors in piston-engine aircraft that carry passengers.
It previously issued safety advisory notices to owners and operators of such aircraft that they install detectors “with an active warning” to pilots”. Operators and maintainers of planes were also advised to carry out detailed inspections of exhaust systems and firewalls.
Read from source: https://www.bbc.com/news/world-australia-55862128
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