By Dan Harrison
The Age
November 3, 2010
http://www.theage.com.au/victoria/hinch-pursues-sex-offender-laws-in-high-court-20101102-17cek.html
[with video]
BROADCASTER Derryn Hinch took his fight against laws preventing the public identification of child sex offenders to the High Court yesterday.
He said his struggle for a more transparent justice system was one of the most important things he had done in his life.
Hinch is challenging the constitutional validity of Victorian laws barring publication of convicted sex offenders' names.
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| Derryn Hinch and wife Chanel appearing at the high court in Canberra. |
He has admitted breaching suppression orders by naming two offenders at a rally in June 2008 and on his website.
The matters, in the Melbourne Magistrates Court, have been stayed while the High Court hears the challenge. If it fails, he faces a possible jail sentence of up to five years or a fine of up to $60,000.
Hinch is challenging the Victorian laws on the grounds they are contrary to a constitutional implication that all courts must be open to the public and carry out their activities in public. He is also arguing that they violate an implied right to freedom of political communication by inhibiting his ability to criticise legislation and its application in the courts and to seek changes.
Outside the court, he said he brought the case because he was worried that courts were becoming less open. ''Suppression orders, in places like Victoria especially, are being tossed around like confetti,'' he said.
''Our system of justice should be open. Justice should be done … and it should be seen to be done,'' he said.
Victorian Chief Crown Prosecutor Gavin Silbert, SC, told the court state courts were open to the public, and suppression orders were not permitted without reasons, and were open to challenge. Impact of laws could be debated without naming offenders, he said.
Hinch spent 12 days in prison in 1987 and was fined $10,000 for revealing prior convictions of a priest who was on trial for other sex offences.
The case continues today.
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