Pre-trial publicity arising from compulsory public examinations by IBAC, including publication of admissions of guilt, does not of itself constitute a fundamental defect precluding a fair trial. The effluxion of time, the capacity of jury directions, and the detailed nature of the Crown case are relevant factors in assessing whether a fair trial remains possible. The Court signalled that IBAC should give the most careful consideration to the risks of public examination given the serious downstream consequences for criminal proceedings.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.