So it looks like the ABC were correct, and maximised the chances...

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Orson

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14/11/21

10:29

Post #: 57560208
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Originally posted by Orson: ↑

In SA, most of the time the face of the accused is blurred until the initial hearings and a ruling on suppression by the judge. That way there's less chance of a defence lawyer complaining about the evidence of witnesses or judgment of potential jurors being tainted. Which means more chance of a conviction.

I wonder if it's the same in WA.

Definitely different in the eastern states. (Except if you're a cardinal supported by two former PMs.) If I'm right, the ABC would tend to report in the style of SA or WA media (having local reporters and editors), and thus pixellate a picture until a court hearing. Eastern states editors would do what they normally do in their capital city.

I know this thread is yet another white male grievance troll against the ABC and Aborigines, and not really about understanding the convention of identifying alleged perpetrators, but I was interested in the question about different approaches in different media.

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So it looks like the ABC were correct, and maximised the chances of the alleged child abductor getting convicted through a fair trial.

Unprofessional Eastern states editors, however, have jeopardised his jury trial by showing him in shackles being transported to prison. Under WA law, that's a no no, and might lead to a shorter sentence or mistrial:

Cleo Smith case: lawyers question whether Terence Kelly can have trial by jury after ‘prejudicial’ photos
Senior lawyers have questioned whether the alleged abductor of Cleo Smith can have a fair trial by jury after after blanket media coverage that included the accused, Terence Kelly, being shown barefoot and shackled while being transported to prison.

Kelly, a 36-year-old from Carnarvon in Western Australia, was photographed two days after his arrest in leg irons and handcuffs, with no shoes on, being ferried to a plane by police for a flight to Perth.
https://www.theguardian.com/australia-news/2021/nov/14/cleo-smith-case-lawyers-question-whether-terence-kelly-can-have-trial-by-jury-after-prejudicial-photos

Well done ABC. But for all those media outlets who showed his face - learn how to do your job, and stop aiding and abetting criminal lawyers and their defendants.

Last edited by Orson: 14/11/21
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