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Wednesday May 23, 2012

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Hinch plans High Court challenge

Posted by: Derryn Hinch | 17 February, 2010 - 4:00 PM
Derryn Hinch and inset - the rally which started it all

HINCH ON HINCH: I was in court today but at times I was almost preoccupied with events in another venue 24 hours earlier. 

I'll get to my Magistrate's  Court versus High Court jurisdiction battle in a minute but first the other case which – in so many ways – again proves the point over what I'm fighting for.

I have described Melbourne as Suppression City. I believe more names and court proceedings are suppressed in Melbourne than in any other major city in Australia. And it's getting worse.

(It's even reached the stage where a Melbourne Magistrate suppressed all legal argument in a road rage case against Sam Newman yesterday because of the possibility of prejudicing proceedings. So much for the open court policy that the High Court cherishes.)

But it was in VCAT yesterday that we saw Suppression City at its worst.

It concerned a psychologist who sexually assaulted a brain-damaged 17-year-old rape victim.

The 33-year-old psychologist assaulted his young patient twice after she revealed major psychological traumas including rape, sex abuse and injuries from an accident.

On one occasion he put his hand inside her underpants and close to her vagina. It was bad enough that The Victorian Civil and Administrative Tribunal only banned him for 12 months from seeking registration to work again and  found the assaults on the traumatised and vulnerable teenager were 'not of the most serious kind'.

VCAT members then granted his application to have his name suppressed so potential patients will be unaware of his criminal conviction.

(The man was convicted of assault and indecent assault in October 2008, was fined $1,000 and sentenced to six months jail, suspended for two years).

I would have though potential patients would want to be aware of this man’s past. Especially if you have a teenage daughter with psychological problems.

But then VCAT did say that he was 'an honest witness and genuinely remorseful'. Makes all the difference.

In my own case today, Magistrate Charlie Rozencwaig was asked to adjourn five charges against me while we made an application to the High Court. The Crown Prosecutor admitted we had a prima facie case and consented to a 14-day adjournment so all State Attorneys-General could consider the issue. The magistrate demurred.

He said the case against me – for allegedly naming two sex offenders protected by suppression orders – was listed to go ahead for three days and he'd make up his mind tomorrow.

The High Court challenge includes such issues as freedom of speech, open courts and civil rights under the Constitution.

Outside the court I said:

"It's a matter of law and constitutional law. What we are talking about here is a bad law. I just hope the Attorney-General Mr Hulls is watching and listening and knowing this is an election year and law and order is a massive issue in this state and it makes the public angry that the courts are paying more attention and giving more leeway to criminals."

"Melbourne is becoming the suppression city of Australia. It's like confetti with all the suppression orders. Criminals are given more protection that the people of Victoria and it's just plain bloody wrong."

"It’s a bad law. This is not about Hinch … it's about victims."

THURSDAY UPDATE: 3AW Drive host Derryn Hinch will launch a High Court challenge against charges arising from his 'Name Them and Shame Them' campaign.

Hinch was due to begin a three-day hearing in the Melbourne Magistrates' Court on Thursday where he faces five counts of breaching suppression orders.

Lawyers for Hinch told the court they plan to go to the High Court to argue the suppression orders are not constitutionally valid.

Hinch lost a bid last December to challenge the orders after a civil trial in the Victorian Supreme Court.

The case has been adjourned until tomorrow.

Blog comments Your Say

  • Good on you Sharon, glad to hear someone is trying to change the lives of the innocent. Glad you have survived and come out the other end. Keep on track and I'm sure some one out there will gladly fund your book. We need more people like you in the world.

    Eyvette Rogerson Wednesday 30 March, 2011 - 3:29 PM

  • You are my Hero Mr Hinch its good people like you that fight for the victims . I am 37 years old and I watched you on TV in the 80-90S and even then you went hard after the bd guys . The problem with our society is the doo gooders who always protect the criminals .

    We need more people like you shamimg the bad guys and maybe there would be less of them .

    The government should spend the million dollars on the homeless kids instead of trying to send you to jail . shame shame shame

    I wish you the best you are a true hero and a strong fighter keep at it

    darren Molloy Tuesday 2 November, 2010 - 9:07 PM

  • Sharon, a grateful thank you for your support, but I believe a legal team from Slater & Gordon are representing Derryn in his High Court Challenge, on a Pro Bono basis (free of charge) as a public service.

    Lenny Tuesday 23 March, 2010 - 10:17 PM

  • LENNY FRIDAY FEB 19TH,
    GREAT IDEA, LETS SUPPORT DERRYN BY FUNDRAISER TO ASSIST HIS COURT APPEAL,
    LETS GET BEHIND HIM, BACK HIM ALL THE WAY,WRITE IN AND SUPPORT THIS,I WOULD GLADLY PUT IN, ITS NOT VIGILANTE AS SOME SUGGEST, ITS HELPING TO SUPPORT A VERY COURAGIOUS MAN,SPEAK OUT FOR THE SAFETY OF OUR CHILDREN,
    AS A COMMUNITY WE CAN MAKE A DIFFERENCE,
    THANKYOU DERRYN, YOUR APPRECIATED.

    sharon ritchie Sunday 21 March, 2010 - 5:33 PM

  • Victims Rights,
    I am a surviver of child sexual abuse, madly trying to raise funds to get my book published to go into health centres,clinics, etc.
    I would like to help ASCA and CASA in their work towards helping and supporting children who have been abused, do you know i cannot get any funding at all to help with my book publishing, yet heaps of money gets spent on relocating paedophiles, so that they can lead a happy life, and be protected.
    my book is confronting, yet positive, a look into my life from 8 years old being constantly abused by my father, its my life, warts and all,i have felt rotten from the core for 40years of my life because of something i could not control,now im ready to let this out, cant get help.
    derryn hinch is my voice, and every childs voice, for us who cannot speak out,
    i admire his goodness, warts and all.
    can anyone out there suggest any assistance to get my book out there please, maybe the court system could sponser it,
    just like they look after the sex offenders.
    sharon,

    sharon ritchie Sunday 21 March, 2010 - 5:22 PM

  • To Ben Scott's comment that 1 person doesn't have the right to change the law, I re-call many years ago when you Derryn changed the outdated law where a man can demand sex from his "wife" even after seperation that he could just go to her and demand to have sex with her that was in the mid 80's from memory & that law had not been looked at since early 1900's & I dare say it probably would still be there had not been for some 1 of ur courage to bring it to light, so for all these do gooders p--s of if any of you had 1% the courage & long time conviction that Derryn has & has had for more yrs than most of u have had hot meals then speak up.
    Good luck Derryn if they convict you we ur listners have to get togather & demonstrate outside brumby's office to show our support best wishes always

    Kamahl Haddad Saturday 20 March, 2010 - 9:25 AM

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