On an application under s 118 of the Criminal Procedure Act 2004 (WA), there is more scope to take into account the potential for an unfair trial due to pre-trial publicity than on a stay or adjournment application, because no unfairness to the State results from a judge alone order and the law is not driven by the same necessity to rely upon the jury system. The court starts from a neutral position as to the preferred mode of trial, but weight should be given to the subjective views of the accused provided they are not fanciful or irrational. Where police have publicly named an accused as a suspect before charging, and this has generated sustained media coverage and community speculation about guilt, a judge alone trial may be the best cure for the resulting prejudice.
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