The identity of a high-profile married Queensland man named as part of an extortion case will remain suppressed for almost two months, after a media challenge of a magistrate’s ruling was pushed back.
The man, known only as “MM” and who is not facing any charges himself, has been named as part of an extortion case in Cairns Magistrates Court.
Acting Magistrate Gelma Meoli on Monday upheld orders proposed by police prosecutor Maynard Marcum relating to the case, meaning identifying details of the allegations cannot be published.
The defendant’s identity is also suppressed, in addition to anything that would tend to identify the complainant.
Media outlets, including this masthead, are seeking a judicial review of the decision to keep the high-profile man’s identity suppressed, and sought to have an urgent hearing of the case on Wednesday morning before Justice James Henry.
However, legal counsel for the media were informed on Wednesday during a closed court proceeding that a hearing for the judicial review would not be possible until July 31.
Jonathan Horton KC, has been brought in to represent the Commissioner of Police in the matter in a move that, ironically, signifies the high-profile nature of the secrecy orders.
On Monday, several media outlets, including this masthead, were represented by Andrew O’Brien KC, who argued for the non-publication order to be lifted.
O’Brien told the court on Monday that it was unfathomable that the high-profile man did not know the application was under foot, and that he would have other legal remedies in relation to the order.
Given there had been no Supreme Court injunction relating to his privacy, the magistrate should only take that as a deliberate decision, O’Brien said.
“What your honour is being asked to do is make orders to alleviate … embarrassment, distress, reputational harm, or some other collateral issue … but that is just not a basis upon which this court will grant relief,” he told the court.
Meoli ultimately ruled to keep the identity suppressed, saying that while she acknowledged he was high profile, the order was not based on that fact, but instead based on the application of the law as it applies to any person.
She said victims would not come forward with their complaints if non-publication orders did not suppress threats in blackmail or some extortion cases.
Meoli said for the proper administration of justice, a victim must be able to come forward and make a complaint and expect to be protected.
She said if a suppression order was not made, then the alleged threat by the accused had “been achieved by it being exposed publicly during a judicial process under the principle of open justice”.
The judicial review will be heard late next month.
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Cloe Read is the crime and court reporter at Brisbane Times.Connect via X or email.From our partners
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