10 AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992

view". She also suggested that the report The editor of the Eastern Herald, Mr Nor­ ADJUDICATION NO. 561 appear on a back page, not on page one. mal North, later phoned and wrote to Mr The editors decided, however, that the Taylor, telling him that he would not pub­ The Press Council has upheld a com­ material should be published on the front lish the letter since it would serve only to plaint against the Sydney Morning Her­ page. perpetuate "the feud". The editor offered ald by Dr Rod Milton, about an article The Press Council agrees Dr Milton's re­ to consider for publication "a letter that published on 9 December 1991 under the marks were of clear public interest, but to was not solely devoted to denigrating the headline "Violent crime: the racial extract them from the context of a proposed campaign launched by the Preservation theory". feature story on the Strathfield Massacre Society; possibly an expression of pleas­ gave them an emphasis he had not intended. ure that the society was putting its weight The article reported speculation by Dr behind a campaign for a rail alternative Milton and the State Coroner, Mr K Waller, The Council believes that the Herald's treat­ you saw as an initiative of a study group that there might be a link between violent ment of Dr Milton in preparing the article of which the Friends were a part". crime and the cultural backgrounds of was unfair. The rail/freeway controversy was cov­ certain immigrant communities in Aus­ The paper recognised that his views were ered in a feature story in the Eastern Her­ tralia. A dissenting view by the Director "startling" (to use the journalist's expres­ ald last August, and shortly after a letter of the NSW Bureau of Crime Statistics sion), and knew that their publication would from Mr Taylor was published pointing was also reported. occur outside the context in which they were out the Preservation Society's rejection of While Dr Milton does not deny having originally expressed. a place in the study group and its "cruel made the statements attributed to him - In fairness, the Herald should have informed hoax" comment. they were made during a long, tape-re­ Dr Milton in advance of its intentions, and The Press Council does not believe the corded interview with a reporter - there is given him an opportunity to confirm or November report was biased, but agrees disagreement between the parties as to qualify his earlier remarks in the light of the it could have been made more complete whether these particular comments were planned article. by reference to the RTA/Community on the record. Study. Dr Milton considered the article to be In the event, the paper might have done "sensational, inflammatory and divisive", more to encourage an objective letter from and found that "personally embarrassing ADJUDICATION NO. 562 the Friends of Wolli Creek, setting the and professionally detrimental material report in its wider context. was published in a selective and prejudi­ cial fashion". The Press Council has dismissed a com­ The Sydney Morning Herald rejects the plaint from the Friends of Wolli Creek complaint, taking the view that "news is against the Eastern Herald section of the news, no matter where you find it." Sydney Morning Herald. ADJUDICATION NO. 563 With regard to the preparation (as op­ The complaint alleged biased reporting on posed to the content), of the article, both the long-standing dispute over a rail or free­ The Australian Press Council has up­ parties agree that:- way link from central Sydney through Mas­ held in part a complaint against the cot airport to southern suburbs and 1. The extended interview during Whyalla News because of its treatment Campbelltown via the Wolli Creek Valley, which Dr Milton made his remarks of two deaths - the suicide of a young described as the last bushland in the Botany was originally granted as a contribu­ man and the murder of a young woman. tion to a major article on the Strathfield Bay area. A front page report in the 15 November Massacre. Publication of this article Complicating the issue is the evident rivalry 1991 edition included a large photograph was delayed by nearly two months, between the Friends of Wolli Creek and an of police standing next to the young man's but no attempt was made by the paper organisation known as the Wolli Creek Pres­ body, and an account of known facts, and to inform Dr Milton of the delay or the ervation Society. theories, surrounding both deaths. His reasons for it. The Eastern Herald published last Novem­ mother, Mrs Gillian Barratt, complained 2. An explicit undertaking was given ber a report which announced a campaign that she and her family were "very dis­ by the interviewer to contact Dr Milton by the Preservation Society to push for a rail tressed and upset with the picture and the before publication of any article, but link rather than freeways. story." this was not fulfilled. The Friends chairman, Colin Taylor, wrote The story also referred to the fact that he 3. The material published on 9 Decem­ to the Eastern Herald complaining basically had disappeared on the same night that ber was potentially controversial. The that the report did not acknowledge that a nurse Cheryl Allen was murdered. journalist reports that she "deliberately similar rail solution to the traffic problem raised with a number of senior col­ had already been suggested by a joint Roads While stating "police have not determined leagues, including the acting editor, on and Traffic Authority/Community study, whether Mr Stackhouse was involved in Sunday 8 December, the propriety of in which the Friends had taken part and the murder" the newspaper's report im­ publishing those comments as a stand­ which the Society had dismissed as a "cruel mediately went on to quote a police source alone report taken from a longer inter­ hoax". as saying forensic tests were still being AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992 11

carried out "and it was hoped that the Rwandans (I'd probably draw the line at results would be 'positive' and that the Hungarians), the sale certainly throws new ADJUDICATION NO. 566 police could 'tie it all together'". light on Elders boss John Elliott, who prides himself as being a great Aussie patriot." While the newspaper is literally correct in The Australian Press Council has up­ arguing that "it never claimed of its own On 7 July 1991, Mr Mitchell quoted at length held a complaint against the Geelong accord that the two cases were connected", from a letter from Dr Derek Freeman to Advertiser by Ms Joan Creati over the the way the story was edited and the page Jewish constituents in Vaucluse which con­ use of material from a mail package ad­ cluded that the Liberal candidate in the elec­ dressed to her and given to the newspa­ presented, especially the quotations de­ per, after being found in a car park. scribing the police hopes of establishing a tions, Mr Michael Yabsley, was one of the connection, risked giving readers the im­ Jews' "rock solid and reliable friends" and In making its adjudication, the Press Coun­ noted that "Jews always need friends in the pression that a strong link was there and cil recognises that "leaks" - documents seats of power". about to be proved. and other information that reach newspa­ Mr Korda wrote to the Sun-Herald and cat­ pers through unauthorised or even illegal A more careful treatment of the two sto­ egorised the report as a type of gutter jour­ channels - can be a valuable and legiti­ ries, in which the local public were un­ nalism practised by the Nazis. The editor mate source of news. It is often only as a questionably interested, would have responded, saying that Dr Freeman's letter result of such material that newspapers achieved greater fairness and balance. To on Mr Yabsley's candidature was newswor­ are able to reveal facts that have unjustifi­ this extent the complaint is upheld. thy and served the interest of the democratic ably been kept secret and to expose wrong­ In reporting crimes and tragedies news­ process. doing and incompetence. papers must take great care not to give the The first comment was clearly intended to By its nature, however, such material con­ impression that mere suspicion of crimi­ be a joke. The Press Council does not agree fronts editors and reporters with serious nal guilt is more than just that. with the complainant that it was a deliberate ethical questions. Often the information The newspaper acknowledge receiving attempt to incite racial and ethnic dishar­ reaches them only because someone has numerous letters and phone calls com­ mony. stolen it or breached a confidence. This does not mean that newspapers must plaining about the coverage, and an equal The second comment is nothing more than never use such material; it does mean that number supporting it. Had the paper the report of an interesting aspect of an they need to be very sure that the public swiftly published a selection, or even one, election matter. benefit to be achieved through publica­ of the critical letters, some balance would The Press Council's consideration of the tion outweighs the harm of taking advan­ have been achieved. first complaint was delayed while the mat­ tage of somebody's misdemeanour or Although the complaint involved overall ter was considered by the Anti-Discrimina­ crime, even where the motives of the per­ coverage of the two stories, it centred on tion Board. son responsible for the "leak" are honour­ the photograph which showed Mr able. Stackhouse's body. That responsibility becomes even more | The man's mother and many readers of onerous when publication would involve the invasion of an individual's privacy. the paper were understandably upset by ADJUDICATION NO. 565 the photograph. The Press Council's principle 4 states that There is argument about whether or not it "news obtained by dishonest or unfair was published with "police permission". The Australian Press Council has heard a means, or the publication of which would The Press Council observes, however, that complaint by Dr Nils Komer against The involve a breach of confidence, should it is not the responsibility of the police or Australian concerning the transposition of not be published unless there is an over­ other public authorities to dictate the use paragraphs of a letter it published from riding public interest". Principle 1 states that "newspaper readers are entitled to in newspapers of material which is not him. have news and comment presented to their property. Dr Korner complains that the order of para­ them honestly and fairly, and with re­ While understanding the grief of relatives graphs was garbled in such a way as to spect for the privacy and sensibilities of involved, the Press Council dismisses this distort completely the meaning of the origi­ individuals". part of the complaint. Such a publication nal letter. He unsuccessfully sought to have In this case, there is no evidence to sug­ is largely a matter of taste which is up to the letter republished in its proper form or, gest, and the newspaper strongly denies, the editor to decide. alternatively, to have an explanation or apol­ that any member of the Advertiser's staff ogy published. played any part in acquiring the informa­ The Australian has apologised to Dr Korner tion concerned. The issue is whether it by phone and explained that the transposi­ was justified in making use of that infor­ ADJUDICATION NO. 564 tion happened when the text was cut up for mation in the way it did. the printing process and reassembled out of Briefly, Ms Creati, who is a member of the sequence. Victorian Local Government Commission, says she was telephoned by a reporter The Press Council has dismissed two The Press Council agrees with the newspa­ from the Advertiser who told her that complaints from Mr Andrew Korda per that the transposition of paragraphs did documents which appeared to belong to against the Sun-Herald over comments not "completely distort" the meaning of the Ms Creati had been fond in a car park and he considers racist. original. been delivered to the newspaper. The Columnist Alex Mitchell, referring to a The Council believes that a newspaper documents included legal opinions and a recent Japanese acquisition of a stake in should generally acknowledge errors letter signed by a minister of the Victorian Elders IXL, wrote on 23 September 1990: promptly and publicly. However, it does government relating to controversial pro­ "While 1 couldn't care whether the suds not believe that the newspaper's actions on posals for theamalgamation of local coun­ factory is owned by Maltese, Peruvians or this occasion warrant a formal reprimand. cils in the Geelong area. 12 AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992

Ms Creati told the reporter that the docu­ confidential legal documents relating to a be the emphasis, then they did not want to ments, which she had not seen, had obvi­ topical issue were found in a car park, and be quoted. ously been stolen or lost by Australia Post. that they were alleged to have been stolen, The Press Council notes that the article She subsequently received confirmation were matters of public interest. He argues was lengthy and dealt with from her local Post Office that a postman that the material extracted from the docu­ "monkeywrenching" (the sabotaging of recalled having delivered large envelopes ment for publication was of public interest equipment and the spiking of trees by to her house on the previous day. and that the newspaper acted responsibly environment extremists), various green At the newspaper, Ms Creati was handed and with restraint in selecting that material. groups and the people associated with the documents in a torn envelope. A The editor-in-chief makes the point, and them. Earth First! was covered in the covering "with compliments" sheet was cites recent examples involving other news­ article, and Cam Walker was quoted as missing, apparently having been mislaid paper, that it is not unusual for newspapers saying that the group did not "embrace by the reporter. In a conversation with the to publish reports based on material that monkeywrenching" and he "did not en­ newspaper's editor-in-chief, she asked if had been "leaked", found by chance or dorse it one tiny bit." he was proposing to publish a story and allegedly stolen. "This was simply another The Press Council considers that Mr says that he told her there was no legal leaked' document," he said. "How the in­ Walker was dealt with fairly in the body impediment to his doing so. She says she formation was obtained - as long as it was of the article. However, it believes that the refused to make any comment for publi­ not stolen by my staff or on the orders of my combined effect of the headline and the cation and left to report the matter to the staff - is irrelevant." picture of Mr Walker and Ms Dimity police. The Press Council believes the Advertiser Hawkins could have had a misleading She later returned to the newspaper office was justified in reporting that confidential impression which would have been with a letter to the editor-in-chief protest­ and sensitive material relating to an issue of cleared away only by a reading of the full ing against any plan to report "informa­ considerable local interest, and allegedly article. The headline on its own was an tion extracted from material in a package stolen, had been fond in a car park. It was accurate reflection of the article. which appears to have been stolen from right to publish Ms Creati's criticisms of its The caption under the picture read "Earth my house" and expressing concern that actions. It showed restraint, and prudence, Firsters: Dimity Hawkins and Cam Walker her confidential mail had been read by in choosing not to report the more sensitive see themselves as fighting a rearguard members of the newspaper's staff before information in the documents. The issue is action to save as much as possible". The it was returned to her. There is some whether it should have revealed informa­ caption should have made some refer­ disagreement between Ms Creati and the tion extracted from the documents. ence to their stated opposition to eco- editor-in-chief as to whether she agreed The Press Council does not accept the news­ terrorism, even though it was based accu­ that her letter to him could be published. paper's contention that the manner in which rately on quotes within the article. In the event, the Advertiser published a the documents were obtained was irrelevant. A week after the article the Sunday Age report that the documents had been found The source of information, particularly if it published a letter from Mr Walker and Ms near a rubbish bin in a car park, and involves an alleged criminal offence, is Hawkins detailing their complaint. Be­ delivered to the newspaper. The report clearly a matter a newspaper must take into neath it was a short note from the editor included quotations from Ms Creati's let­ account in deciding whether to print it. saying that the headline covered the arti­ ter to the editor-in-chief that were critical The basic question is whether the printed cle as a whole and was not designed as the of the newspaper's action. report added so significantly to public headline for the accompanying picture. The report described the nature of the knowledge on what was certainly an issue However, the Council believes the paper documents and included direct quotations of public interest that such ethical and pri­ acted properly and promptly in publish­ from the minister' letter. The contents of vacy considerations were outweighed. On ing the letter. the legal opinions were reported briefly balance, the Council believes it did not. and in general terms. Ms Creati states that On other matters raised by the the story was constructed in a way that complainants: did not reveal the sensitive material in the • They say they were misled as to the documents. ADJUDICATION NO. 567 intended focus of the article. The paper Ms Creati complains that the newspaper denies this. There is no way the Council was wrong to read her mail and to print a can know exactly what was said. story based upon it. The source, she main­ The Press Council has upheld parts of a • They say the article ignored other pos­ tains, was not a "whistle blower" who complaint against the Melbourne Sunday sible explanations for damage in forestry might have had legitimate access to the Age over an article headlined "Eco- areas, such as plain vandalism, "insur­ material but, at best, "an uninvolved busy­ terrorists; the mean greens"-. ance jobs" and inter-company rivalry, but body who had access to stolen goods". The complaint was from two members of a the paper points out that the starting point She says that her reputation was dam­ group known as Earth First!, Cam Walker of the article was specifically a green sabo­ aged because the confidentiality of the and Dimity Hawkins, whose picture ap­ tage manual entitled "Ecodenfense: A documents was breached when it was peared with the article. They complained field guide to monkeywrenching". thought they were in her charge, and that that the combination of the picture and the • They say that the various incidents her privacy was invaded, not only by the headline gave the impression of support for and threats against them, including a reading of her mail, but also by the unnec­ eco-terrorist activities when in fact they had break-in to a car and house and the theft of essary publication of the street and sub­ told the article's writer that they opposed jewellery and computer discs, followed in urb in which she lives. such activities. the week after the publication of the arti­ In response, the editor-in-chief says the When approached by the journalist, said the cle. Although the circumstances are sus­ reporter did not know the documents were complainants, they were told that the sub­ picious, the Council cannot say that there stolen until after she had spoken to Ms ject was to be the development and aspira­ are some link, nor can it hold the paper to Creati. He maintains that the fact that tions of Earth First! If eco-terrorism were to blame. AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992 13

found the second Stay In Touch piece "par­ between the church and civil law in Ire­ ADJUDICATION NO. 568 ticularly offensive." land are discussed in that editorial. While that may be and while attempts at Mr McLoughlin objected to the assertion The Australian Press Council has dis­ humour are successful or not according to that the Republic of Ireland "is a deeply missed a complaint by Ms Sue Arnold, the different tastes of different readers, the religious community, for centuries driven Co-ordinator of Australians for Animals, Press Council is not in the business of cen­ by dogma as revealed from the Vatican against the Sydney Morning Herald over suring newspapers for continuing a lively through the church hierarchy and epito­ its failure to print a letter written by her, Australian tradition of humour, provided, mised in the tribal religious fervour that is or an interview with her, protesting at as is clearly the case in this instance, readers that country's national motif: Abortion is the comments of Australia's Washing­ are not being misled as to the nature of the against God's law, and Ireland's". comment/humour column. ton Embassy in reaction to a campaign He found this and other material con­ by a similar American organisation al­ The Sydney Morning Herald provided evi­ tained in the editorial insulting to the Irish leging Australian mistreatment of koa­ dence that it frequently addresses the koala "by reference to their religion". He as­ las. question in its news pages, in a serious and serted that it perpetuated racial stere­ While the Press Council can understand objective manner. Its coverage appears to otypes and was disparaging or belittling that individuals and organisations pas­ canvass most if not all opinions on the mat­ to the Irish people. Mr McLoughlin sionately holding views on particular is­ ter. claimed that 'The Advertiser had an obli­ sues of public importance can be disap­ In the end, Ms Arnold's complaint boils gation to take all reasonable steps to en­ pointed if their particular words are not down to the paper's failure to print her sure the truth of its statements instead of printed, the Press Council's concern is original letter and/or a story following a offending ethnic sensibilities". whether readers are presented with an phone interview with a reporter Ms Arnold overall balanced treatment of the issues. had initiated. The editor of The Advertiser responded that the editorial was "a fair and reason­ In this case, the Press Council believes On the interview, the paper says that a re­ able comment on a matter of great public there was overall balance and that the port was written based on it, and was listed interest". newspaper did not breach any of its prin­ that day as one of the stories that would ciples in the way it treated the Washing­ "possibly" be used. It was not included in While some readers may have found the ton story and its aftermath. the paper because, in the ed itor's view, it did editorial offensive, it was clear that the Under the headline "USCampaignagainst not advance the debate very far, and other material complained of constituted com­ koalas too much to bear", the paper on 16 stories took priority. mentary not news. It is difficult to find February reported that the Australian In her original letter to the Sydney Morning any real evidence to support Mr Washington Embassy was "under siege Herald and in subsequent correspondence McLoughlin's view that these comments by American animal lovers enraged by to the paper, the Press Council and the Aus­ represent a lapse of taste. the alleged mistreatment of koalas." tralian Consulate-General in New York, Ms Editorials present a point of view, pro­ The story described how, as a result of a Arnold describes material on the issues ema­ voke public debate, and encourage com­ story in an American animal lovers' maga­ nating from the American Washing Em­ ment in the community at large, and in zine, more than 8000 postcards and about bassy as "lies". letters to the editor in reply. By definition 100 letters had hit the embassy over five The Press Council cannot and does not make they are an expression of opinion. There weeks, demanding the Ambassador en­ any judgement on the substance or other­ was no personal reference there which sure action to protect "the cuddly crea­ wise of her accusation. might warrant a right of reply. tures which the writers claim are in dan­ Addressing the complaint, the newspaper No reader has an absolute right to have a ger of extinction." says "We do not concede to Ms Arnold the point of view published in a newspaper, In the article, the embassy spokesman automatic right of reply whenever she disa­ but Mr McLoughlin could have availed was quoted as describing it as a "crazy grees with us or with people whose views himself of the opportunity to write a letter situation" and also refers to the organisa­ we report". The Press Council believes that to the editor in response to this editorial. tion, the U.S. Friends of Animals, as being individuals and organisations do not have a In his letter he indicates that he did not behind the postcard blitz on the embassy. right of publication simply because of their wish to do so as it was his belief that this The head of Friends of Animals, Ms interest in the issue; what is essential is the "would only benefit the newspaper in the Priscilla Feral, is described as "a Con­ fair and balance presentation of a range of controversy created by this article". necticut woman who changed her sur­ views on issues of public interest. Unfortunately, having failed to use the name to better suit her cause." public avenue open to him and given that Two other articles complained of were the material was clearly published in an printed in the Sydney Morning Herald's editorial and not as news, it is difficult to Stay In Touch column on February 19 and see how Mr McLoughlin's complaint can 21, the second headed with "Ah say, that ADJUDICATION NO. 569 be upheld. The views which he placed bear's bonkers, Miss Prissy", which took before the Press Council by way of com­ up the American animal lobbyists' charge, plaint might well have formed the basis of as the column put it, "that Australians are The Press Council has dismissed a com­ a very readable letter to the editor. He losing buckets of sleep because of the plaint from Mr Peter McLoughlin against chose instead to complain direct to the screams of koalas carking it in the gum the Adelaide Advertiser over comments in Press Council. trees outside." an editorial. A newspaper has a clear right to express Both articles were obviously attempts at The editorial concerned the recent case of an editorial opinion. Where readers want humour in a section of the newspaper the 14 year old victim of sexual abuse unable to challenge that view they have an av­ clearly identified as a comment and hu­ to have a legal abortion in Ireland. The legal enue open to them. The complaint is mour section, not a news page. Ms Arnold and ethical questions and the relationship dismissed. 14 AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992

for a cultural centre, but said the manage­ publish it, however, because he thought ADJUDICATION NQ. 570. ment plan for the island allowed for a small that some of its language "could have existing building to feature historical exhib­ defamatory imputations", and because he The Australian Press Council has dis­ its of Aboriginal prehistory and post-settle­ found that Professor Power's reference to missed complaints by Mr Kevin Grover, ment European Aboriginal community. He three of the Press Council's principles in the convener of Friends of Herring Is­ did say that one of the objectives of the his letter would have been "confusing" to land and a member of the Herring Island management plan was "to provide oppor­ readers. Attempts to negotiate a mutually Committee of Management, against the tunities for Aboriginal cultural interpreta­ satisfactory text failed. The Press Council Melbourne Herald-Sun and the Sunday tion and education", but added that the believes the paper could and should have Herald-Sun. main thrust of the plan was to provide an negotiated an agreed letter to put Profes­ escape for people from the nearby city and sor Power's views; to this extent the com­ The Press Council found that, while some suburbs and to restore the island by weed- statements in an article in the Sunday plaint is upheld. Herald-Sun on 24 November 1991 and in control and re-vegetation. The Press Council does not consider that an editorial in the daily on 26 November The Press Council believes that, while the the complaint of inaccuracy can be sus­ were contentious, the Herald-Sun allowed original article and editorial may have given tained. "A new political row" is, in the critics a reasonable right of reply by pub­ a misleading impression of the manage­ Council's view, a reasonable journalistic lishing two strongly worded letters to the ment plan for the island, publication of the label for any concerted Opposition ques­ editor. two letters was an appropriate way of ena­ tioning while, on the basis of Public Serv­ The Sunday Herald-Sun report concerned bling the minister and the management com­ ice estimates quoted in the article, the a dispute between some members of the mittee to set the record straight. The news­ $700 daily fee allegedly paid to Professor Richmond City Council and the state con­ paper cannot reasonably be criticised be­ Power does not seem to have been grossly servation Minister, Mr Crabb, over plans cause Mr Grover disagreed with some parts overstated. of the Minister's letter. for Herring Island, in the Yarra River. The In its defence, the Sunday Herald-Sun report stated that Mr Crabb was backing claims that it was merely reporting issues plans by the island's committee of man­ raised by the State Opposition. The Press agement "to build an Aboriginal cultural Council accepts the editor's right to make centre on the island". It said Herring ADJUDICATION NO. 571 judgements on what is newsworthy in Island was "a silt-covered eyesore", and political debate. that Mr Crabb and the management com­ mittee wanted to wait 10 years for the The Press Council has upheld in part a salinity level from silt dumping to drop complaint by Professor John Power against and then turn the island over to an Abo­ the Sunday Herald-Sun. riginal cultural display and interpretation ADJUDICATION NO. 572 centre. It said half the Richmond Council The complaint concerns an article in 9 Feb­ supported an alternative plan to trans­ ruary edition which appeared under the form the island into a $3 million land­ headline "$700 A DAY FOR PAYOUT The Australian Press Council has held scaped wetland linked by bridge to the HUSBAND". that the publication in the Melbourne Yarra bank. The article reported a controversy which Age of an article referring to an alleged In its editorial, the Herald-Sun said it had arisen over payments made to Profes­ "rip-off" by unnamed dentists was in seemed that Mr Crabb wanted to hand sor Power by the Victorian Government for the public interest. Herring Island over to the Aborigines, his services as a consultant on a Public Serv­ The Council has one reservation, concern­ just as he had given them naming rights to ice Board review more than a year previ­ ing one of the sources of the allegation. the Grampians and as the Federal Gov­ ously. That source was identified as the Dental ernment had handed Uluru over to the The phrase "payout husband" referred to Technicians' Association, but the paper Aborigines. It said the island should be Professor Power's marriage to a former chief failed to background the association's available to all Australians and described executive of the State Education Depart­ political campaign on behalf of its mem­ the proposal for a landscaped wetland ment who is said to have received a $100,000 linked by bridge to the Yarra bank as a bers. separation package when she resigned two The Council believes, however, that the worthwhile project. years before her contract was due to expire. Mr Grover wrote to the newspaper stat­ Victorian Branch of the Australian Dental ing that there had never been a proposal Professor Power complains on several Association was given adequate opportu­ before the management committee for the grounds. In his view, the story and its head- nity if reply to the article in a letter pub­ establishment of an Aboriginal cultural line:- lished by The Age later. centre on the island and that the editorial • invaded his family privacy; The Victorian Branch complained to the had overlooked what had already been • "carried the strong insinuation that Press Council that a Page 1 article head­ achieved by the re-planting efforts by vol­ there must have been something im­ lined "E>ental rip-off alleged" contained unteers on the island. proper" in his appointment as a consult­ false and misleading information, was The Herald-Sun did not print Mr Grover's ant; based on unsubstantiated allegations, and letter but it did publish, two weeks after • were inaccurate, in estimating the level held the dental profession up to contempt its editorial, letters from Councillor Peter of his fees for example, and in claiming and ridicule. Fitz, chairperson of the committeeof man­ that a "new political row had flared" The report said that the Australian agement, and Mr Crabb. around his wife. Taxation Office was investigating a Mr Fitz's letter said that there had never Professor Power contacted the Sunday Her- number of dentists allegedly involved in a been any suggestion that Herring Island ald-Sun, and wrote a letter to the editor multi-million dollar scheme to import den­ was the subject of an Aboriginal land clai m criticising the article. The editor refused to tures, bridge work and crowns to increase AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992 15

profits. David Houghton, who agreed that some a false image of police" and had "ridi­ The tax investigation was reported as cen­ laboratory work was sent overseas, but he culed a Senior Sergeant who has worked tring on concerns about some dentists challenged the amount alleged and the hard to improve community relations". using doubleinvoicing from overseas sup­ number of dentists using overseas sources. The Age denied that the photographs was pliers so as to reduce the dentists' appar­ Nine days later The Age published a letter contrived. It said that the picture was ent profit. from Dr Houghton. Under the headline taken during press interviews and that The Age relied on three sources for the "Scurrilous attack on dentists", Dr Houghton Senior Sergeant Piper was not asked to allegations. rejected the "ridiculous figures" given in the pose or act in any way. It was also denied report. One was the vice-president of the Dental that the photographs had ridiculed the Technicians' Association of Victoria, Mr In negotiations with the paper before publi­ officer concerned. The Age sought to ex­ Craig McCracken, who claimed that up to cation, he agreed to changes to his original plain that the photograph which was taken 3000 dentists across Australia - between letter. Thus, "The Australian Taxation Of­ from "a lower-than-eye-level angle" rep­ 500 and 700 in Victoria - could have been fice has advised the Australian Dental Asso­ resented the attempt by the photographer involved in the importation scheme, cost­ ciation Victorian Branch that they are not "to depict him as a young person might ing about $40 million a year in lost dental conducting any investigation into such alle­ see him". manufacturing in Australia and 200 jobs. gations (of possible tax evasion)" became The Victoria Police queried the fairness of "The Australian Taxation Office advised" Mr McCracken was not given as the source portraying Senior Sergeant Piper in an that it is carrying out a general audit of unflattering way and posed the issue of of the tax evasion allegation. He has put dentists in a small sample cross-section of his import and job loss allegation before, the extent of "reasonable" artistic licence the industry, in accordance with its national "given the power of photographs to influ­ in a report published by The Australian program of audit projects ... The Taxation five months earlier. ence public perceptions, especially when office made no comment about examining the story was about overcoming stere­ The Age report by clear implication iden­ one avenue of tax evasion ..." otypes". The complaint does not indicate tified Mr McCracken's role in defending There is some disagreement between the which principle of the Press Council has the interests of his technician members, parties as to whether that amended letter been breached. but it did not reveal the possible political was to be regarded as a satisfactory settle­ agenda behind the allegation. Of some possible relevance to its "fair­ ment of the matter. Publication of the letter ness" argument is principle 7 which states The Victorian Branch of the Australian was conditional on the changes being made; as follows: Dental Association, in its evidence to the nevertheless they were made with the agree­ Press Council, put it this way: "Mr ment of Dr Houghton. "A newspaper has a wide discretion in matters of taste, but this does not justify McCracken is representing a group which Thus, with the one reservation made earlier, is concerned at the vote which will shortly lapses of taste so repugnant as to bring the the Press Council dismisses the dentists' freedom of the press into disrepute or be be taken in Parliament on legislation re­ complaint against The Age. lating to the provision of partial dentures extremely offensive to the public." to the Victorian community. It is this asso­ At its hearing, the Council's Complaints The Council is of the view that neither ciation's assertion that The Age allowed Committee drew The Age's attention to the principle 7 nor any of the other principles itself to be manipulated by a group with a need to report progress on the story when has been breached. that is possible, either through prosecutions political angle such that the vote on a Bill The complaint is dismissed. before the House would be influenced." or the lack of them. The Age says that the possible tax evasion allegation came from a "reliable source" within the Australian Taxation Office. The paper remains convinced of the accuracy ADJUDICATION NO. 573 ADJUDICATION NO. 574 of its leak, but follows the usual practice of not revealing its source. The Victoria Police has complained about The Press Council has dismissed a com­ The third source used by The Age was the the use by The Age of "a grossly unflatter­ plaint by the Victoria Police that a pro­ Victorian President of the Australian Com­ ing photograph of Senior Sergeant Norm motional poster and headline to an arti­ mercial Dental Laboratories Association, Piper" in relation to an article, "Police seek cle in the Sunday Herald-Sun were mis­ Mr Jim Kondos, who was reported as peace with youth". leading. At the same time, the Council being concerned at damage to local indus­ has stressed the need for care in headlin­ try. There was no mention of tax evasion No complaint was made about the article ing articles. in his words. itself. However, it was asserted that the photograph was "contrived" in that it had The complaint followed the announce­ Mr Kondos claimed later that he had not been taken "from an unflattering angle": "it ment of a probe into allegations of politi­ been quoted entirely and that the posi­ presents a caricature of Senior Sergeant Piper cally inspired interference with a Police tioning of his quotes in the report had by exaggerating his features and almost Bureau of Criminal Intelligence investi­ made it seem that he supported all of it. parodies the accompanying article." gation into the collapsed Victorian Eco­ The Age countered by saying that Mr The Victoria Police states its acceptance of nomic Development Corporation. The in­ Kondos had been shown a printout of the the right of a newspaper "in normal circum­ terference was claimed to have taken place story and had approved it with minor stances" to take "unflattering shots and run on the eve of the 1988 State election. change. them". However, it was alleged that, al­ The probe, to be carried out by the Deputy The Age report including comments from though the subject was sensitive and the Ombudsman (Police Complaints), was re­ the president of the Victorian Branch of story was "all about overcoming stere­ ported in the Sunday Herald-Sun on 15 the Australian Dental Association, Dr otypes", The Age had, in fact, "perpetuated March 1992, together with a story on the 16 AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992

background to the inquiry. The Police space as the original article. story published the following day. complained that the headline to the article The Council reiterates its advice to com­ The published letter has not, in fact, 'Top cop quits over VEDC probe" that plainants and editors that prompt publica­ sparked legal action, but the paper has appeared on page 1 and continued on tion of an appropriate letter to the editor can seen two legal opinions that it could. On pages 4 and 5 of the paper, and the simi­ often bring a quicker and more satisfactory the other hand, Dr Maher has a legal larly worded poster, were misleading in solution tha n a formal complaint to the Coun­ opinion that it is not libellous. that "top cop" could refer only to the cil. Chief Commissioner of Police. This was Evidence before the Press Council indi­ not the case - the officer who had "quit" cated that: the force was a Senior Constable, second • Theconsultant,MrJohnSawtell, most junior rank in the police force: more­ ADJUDICATION NO. 576 conducted what he described as a over, use of the present tense implied the feasibility study, not a survey. event had just taken place whereas the • The study was commissioned officer had left three years previously. The Press Council has dismissed a com­ by a group of local people, uni­ In its defence, the newspaper said the plaint from Dr Paul Maher against the dentified other than Dr Maher. words "top cop" were a simile for a senior Maryborough Advertiser. • No report was provided, policeman and that with regard to tense, In essence the complaint raises the ques­ "merely a letter offering my (Mr even though the incidents happened three tion: does an editor have the right to bar a Sawtell's) opinions on the mat­ years ago, the story printed was intended letter-writer from the correspondence col­ ter". to tell readers, for the first time, aspects of umns of a paper? The Council's answer is: what had transpired during the CIB in­ given reasonable cause, yes; indeed, an • Dr Maher's published letter quiry into VEDC affairs. "was perhaps a fair summary of editor may have a duty to publishers, own­ my opinions", in the words of Mr The Council believes that, while the words ers, shareholders so to do. Sawtell. used in the headline exaggerated the sta­ There is a history of differences between Dr tus of the policeman who resigned, the Maher and the Maryborough Advertiser. The feasibility study led to no further first paragraph of the article made it quite This complaint arose from a Dr Maher let­ action, other than the letter to Dr Maher. clear that it was "a key police investiga­ ter published by the paper on 16 August Mr Sawtell did not approach the Hospi­ tor" and not the Chief Commissioner who 1991. The letter claimed that an independ­ tal Board because, he said, preliminary had departed; in the circumstances it does ent survey had been conducted into medi­ discussions did not lead him to believe not consider the headline to be so mis­ cal appointments at Maryborough Hospi­ that such an approach would be fruitful leading as to offend the principles of the tal and findings reached. According to the in resolving the dispute. He told Dr Council. The Council accepts the newspa­ letter the findings commented unfavour­ Maher: "At all stages I indicated to you per's explanation of the tense used. ably on the way the Hospital Board Medi­ that your tactics were often antagonistic cal Advisory Committee had treated Dr rather than conciliatory." Maher's application to perform "limited Aware of some of these circumstances, or surgery" at the hospital. at least in doubt about some of the state­ ments made in the original letter, the ADJUDICATION NO. 575 After quoting the consultant as sa ying there was no point in criticising those involved paper's editor informed Dr Maher that and conciliation should take place, the let­ future letters from him would not be The Australian Press Council has dis­ ter went on to say that the consultant's published unless he gave a written un­ missed a complaint by Mr Geoffrey Craig view was tha t the board "should stop being dertaking that anything he submitted against the Albury Border Mail for its defensive and be more reasonable in ar­ was true to the best of his knowledge. reporting of the Stanley New Year's Day ranging shared services currently held ex­ This Dr Maher refused as an infringe­ Sports Day. clusively by the group practice". ment on his civil liberties. The editor then informed the doctor that Mr Craig complained that the report belit­ Dr Maher described his letter as concilia­ the paper, on the advice of its libel insur­ tled the event and the town's residents tory. To others it was not; the paper's first ers and from legal opinion, would no and that it was inaccurate. judgment was that the letter was libellous, longer publish anything from him. The Council accepts that the flippant tone but it went ahead with publication in view of the by-lined article offended some peo­ of what it regarded as the small chances of The editor added: "To balance this rul­ ple, but finds that it was within acceptable legal action and in view of- the history of ing, we also will not publish any material bounds of taste. wrangling between the doctor and the hos­ from any opposing source which might pital. name you, except if we are reporting a The paper may have been inaccurate in matter before the courts." suggesting that Stanley began as an iso­ Four days later the paper reported that the lated farming hamlet in the middle of last Hospital Board had legal opinion that the In the Press Council's view, the editor's century: in fact, according to Mr Craig, it letter contained a prima facie libel and that actions were justified. was originally a gold mining centre. Dr Maher might be sued for damages. In another matter raised by Dr Maher However, the Press Council finds that the Two days later the doctor wrote to the and supported by Mrs Jeanne Hart, a newspaper made ample amends by pub­ paper in a conciliatory manner, but went further complaint has been made against lishing three critical letters to the editor, on to accuse the paper of sensationalism the paper because of an editor's footnote including one from Mr Craig and another and unfairness. The letter was not pub­ published at the end of a letter from Mrs from the President and Secretary of the lished, but the points made in it, including Hart. Stanley Sports Committee. Taken together, the fact that he was taking the matter to the Mrs Hart objected to a story, written in the three letters accounted for as much Press Council, were incorporated in a news allegedly "glowing terms", about a top­ AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992 17 less barmaid at a local hotel. The footnote dren were published on the page. That could Mr Goldberg's assertions: that he is an denied any glowing terms and claimed well have created better balance had the employee on a modest income and that he that, in fact, the female reporter was "out­ eye-catching headline not been such a seri­ has resettled in Poland. Both are relevant raged" over the matter; however the pa­ ous distortion of the facts in the story. to a matter of legitimate public interest, per had published the story as she had the outcome of the collapse of the Linter written it. Group, the public examination and the The footnote went on to raise matters recovery of the substantial deficiency by about Mrs Hart's business affairs and the ADJUDICATION NO. 578 the Official Receiver. publicity sought for them. The doubts cast on the reality of the em­ The Press Council believes that the editor ployment contract and whether Mr went too far in moving outside the mat­ The Australian Press Council has ruled Goldberg lives in Poland or the United ters raised in the letter. However, the that the identification of businessman Abe States by staff of the employer company Press Council notes that later the paper Goldberg as of Polish-Jewish origin was themselves justify investigation. relevant in a Sydney Morning Herald arti­ This would legitimately extend to inquir­ made it clear that it should not have cle dealing with his leaving Australia and made public comments on Mrs Hart's moving to Poland. ies into the personal relationship between business affairs but should have restricted Mr Goldberg and the man who certified this matter to private comments. However, while dismissing the complaint his.wages. That they both came from the by Mr Jeremy Jones of Australia/Israel Pub­ same community is a relevant fact. Inves­ lications, the Press Council urges caution in tigating whether Mr Goldberg has, in fact, the use of ethnic-religious labels such as resettled in Poland would justify trying to "Polish Jew". Both factors were relevant in find out not only whether he and his em­ ADJUDICATION NO. 577 the article, but Mr Jones' complaint high­ ployer are known to other inetrnational lights the sensitivity of such phrases, and business consultants in Warsaw but Newspapers have to accept responsibil­ their capacity to give gratuitous offence. equally whether he is in contact with his ity for what is published in their columns, Mr Goldberg escaped Nazi persecution in community in Poland. irrespective of the reasons for distorted Poland and emigrated to Australia. He be­ The references to his origin are not, on stories being printed, the Australian came a successful businessman, but his their face value, made out of prejudice; Press Council ruled. Linter Group collapsed with substantial they are relevant to a matter of public For this reason, the Press Council upheld losses, mainly in borrowed funds, in 1990. interest. The complaint is dismissed. a complaint about a headline and story The Official Receiver, who was suing him published in the 10 May 1992 issue of the for alleged breaches of director's duties and Adelaide Sunday Mail about the reaction claiming a substantial sum, wanted to sub­ of South Australian primary school chil­ ject him to a public examination in Aus­ ADJUDICATION NO. 579 dren to the Australian flag controversy. tralia. When it was suspected he had re­ Mr Keith Hall complained that the head­ turned to Australia, a warrant was taken out The Australian Press Council draws the line, "Leave our flag alone, kids warn" for his arrest but this has since lapsed. attention of newspapers to their obliga­ and the selection of opinions quoted in the Mr Goldberg says that, in any event, he is tion to provide the right of reply, espe­ body of the story would give the "com­ available on the phone, that he is employed cially to comments they make in their pletely false" impression to the majority on a modest wage by a New York based own editorials, when fairness requires of people reading the page that most pri­ company and that he has now resettled in it. mary school children supported retention Poland. Mr John Marsden, the President of the of the existing flag. A Herald reporter located Mr Goldberg at a Law Society of NSW complained about The Press Council agrees, but does note hotel in Warsaw. Inquiries from other staff three separate articles published in the the Sunday Mail published a letter in the of his employer company suggested he was Sydney Morning Herald over four days in next issue along the lines of Mr Hall's a business associate rather than an employee, March 1992, claiming the articles were complaint. and that he lived in California with his fam­ unfair and inaccurate. The newspaper, however, says it "stands ily, not in Poland. The Council has dismissed the complaint by" the headline and story, noting and The Herald reported that the president of in relation to two of the articles but upheld regretting that "several paragraphs were the company was, "like Mr Goldberg, a it in relation to the third. imprudently cut from the story by a sub­ Polish Jew". He was reported to have editor". One complaint referred to a comment, certified Mr Goldberg's monthly wage of "People had begun to wonder if the Test Only in one paragraph, halfway through $US 1929 after tax, paid in zlotys. side was nearly as much of a closed shop the printed version of the story, is the fact Mr Jones complains that the reference in the as the dismal and self-serving NSW law revealed that, in contrast to the headline, article to Mr Goldberg and his company Society", in a 9 March by-lined article the majority of the children's letters fa­ president's origins breach one of the princi­ about test cricket headlined "Border's voured a change in the flag. ples of the Council. That principle provides mark on better mix". The bulk of the story was given over to that "a newspaper should not, in headlines A second complaint was about another quotations from letters supporting the or otherwise, state the race, nationality or by-lined article, written by the paper's headline's assertion that "kids" were religious or political views of a person sus­ legal correspondent, on 13 March, head­ "warning" the Prime Minister to leave the pected of a crime, or arrested, charged or lined "Lawyers keep biting the ear of gov­ flag alone. convicted, unless the fact is relevant". ernment" in which the writer comments Four new flag designs submitted by chil­ The Herald article relates to at least two of "The NSW Government seems to be hav­ 18 AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992

ing difficulty getting itself out of the the editorial was commenting on a proposal in other newspaper reports and commen­ clutches of the Law Society". made by the Law Society and that there did taries. Both articles, the Law Society claims, dam­ not appear to be a need for further comment The Herald says: "Such deletion (of the age the society and its members' reputa­ because balance had already been achieved. honorific of the accused) is no more preju­ tion. In general that may be true. But, while the dicial than is the deletion of the honorific In the case of the cricket comment, the editorial was generally supportive of the in a feature article about politicians where remark is alleged to be "gratuitously in­ Law Society's proposals, it did raise the the principals are referred to as Keating, sulting", while the legal correspondent's question in quite strong terms of the soci­ Hewson and Fischer; in a review of a reference is seen to be "misleading, insult­ ety's motive and clearly questioned the genu­ Farnham concert; in the CBD column ing and offensive". ineness of that motive, a new element in the where Bond, Skase and Murdoch make debate. frequent appearances; or in a cricket match There is no doubt in these two cases, as The freedom of newspapers to comment on report where references to Border, Jones there is in the third, that the words used or Marsh are common." by the writers are hardly complimentary matters of public importance is broad and to the Law Society. the Press Council defends that freedom. But The Press Council points that there may in this case, greater fairness would have be some distortion of the right of the ac­ However, they do refer to a continuing been achieved had the newspaper negoti­ cused to be presumed innocent by the use significant matter of public debate - the ated and printed a shorter form of the Law of surname alone in court reports. How­ relationship between the society and the Society's letter. ever, that practice is no more than a reflec­ State Government - and are contained in tion of the law process itself. articles quite clearly identified as com­ ment by by-lined journalists, and there is Almost all, but not all, newspapers use the surname formula. The Council does not no evidence the newspaper consistently consider it a breach of its principles. denies the society or its members access to ADJUDICATION NO. 580 the paper's columns for the publication of their views. The Australian Press Council has ruled Because an organisation, especially one ADJUDICATION NO. 581 formed at least partly to act as a lobby that the long-established media practice of group for a powerful section of the com­ dropping Mr, Ms, Miss, Sir and other munity, does not like the vigorous public honorifics of accused people in reports of The Press Council has upheld a com­ debate to which it is subject is no reason non-civil court cases is not a breach of its plaint against a picture cap tion used with to condemn that vigour. principles. a report on the shooting of Edward James The third element of the complaint, how­ It did so in dismissing a complaint from Dr "Jockey" Smith; it also saw as ambigu­ ever, raises a separate issue: the obliga­ Nils Korner against The Australian and the ous one of the headlines used. tion of newspapers under Press Council's Sydney Morning Herald for following this Other aspects of the complaint, from Mr principle 10 to provide opportunity from practice. Tim Anderson, were dismissed. "prompt and appropriately prominent re­ In his complaint Dr Korner cites both pa­ Mr Anderson complained to the Austral­ ply" when material damaging to the repu­ pers' reporting of "the Bjelke-Petersen trial" ian Press Council about an article in the tation or interests of an organisation is to illustrate the prejudicial implication in Sunday Telegraph of 10 February 1992, on published, and when fairness requires a the non-use of honorifics. the three grounds numbered below. reply of reasonable length. 'This practice is manifestly unfair," says Dr 1. Mr Smith's legal rights In the Law Society's view, the Sydney Korner, "because it tends to tilt the reader's Morning Herald's editorial of 10 March, opinion towards the belief that the accused Mr Anderson says the headlines, "Gun­ "How lawyers can help Aborigines" must be a bad lot since he is not referred to man paid in his own coin" and "Criminal tended "to damn with faint praise and according to the normal dictates of polite talked his way out of two life sentences" cynicism my call to the lawyers of NSW to society." and the caption fora photograph, "Jockey extend their efforts in the area of pro bono Smith ... after he had been given a life Replying on behalf of The Australian, News sentence for the murder of ... Lloyd publico work, particularly in relation to Limited makes the point that newspaper Tidmarsh" all combine to suggest Mr Aborigines". reports reflect accurately the nature of crimi­ Smith was guilty of that murder. In fact, The editorial suggested cynics "may think nal trials, with the accused usually confined the Court of Criminal Appeal quashed the the key to understanding where this en­ to the dock. conviction and, although a new trial was thusiasm for community service comes News Limited says: 'The omission of the ordered, a No Bill was filed. From Mr from is contained in the reference to 'an honorific in media reports may well seem to Smith's record, the description of him as a antidote to public concern surrounding separate the accused from the rest of those "criminal" and "gunman" is acceptable. the cost of legal services.' Others may concerned, but if newspaper readers were However, without a careful reading of the think the Law Society's battle to preserve able to be present in court, as is their right, text,theambiguityofthe words "he talked the solicitors' conveyancing monopoly the separation would be more pronounced. his way out", together with the caption may also have something to do with it". "In other words, this practice in court re­ leads to the conclusion that a final verdict That day, Mr Marsden wrote and submit­ porting is merely a mirror of the proceed­ against Mr Smith had been given by the ted for publication a letter responding to ings themselves. It does no more to remove court in relation to Mr Tidmarsh's mur­ the editorial. the presumption of innocence than the cus­ der. Mr Smith is entitled to the benefit of The newspaper did not publish the letter. tom of placing the defendant in the dock." the principle that he is assumed innocent. In its response to the Press Council, it said Both the Sydney Morning Herald and News To this extent, the complaint is upheld. the letter was too long and that, anyway, Limited point to the dropping of honorifics The reference to an accusation by prison AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992 19 authorities that Mr Smith was accused by plaint, that is on the caption to the photo­ Inc the right of reply. prison authorities of running a drugs graph, has already been upheld. As the ref­ Far from trying to achieve balance, the racket is drawn from the SORB (Serious erence to "the exploitation of technicalities" unbylined reports engaged in some rather Offenders Review Board) report which is acceptable in everyday language, this as­ heavy-handed pontificating at SCA Inc's was to have been the basis of the story pect of the complaint is dismissed. expense. before the attack on Mr Smith. This is Mr Anderson's final point on errors of fact is The newspaper also published a number balanced by pointing out that no further that the conclusion of the article "which of letters to the editor which were critical evidence on this allegation was forthcom­ asserts 'the underworld ... is much less for­ of SCA Inc and the conservation move­ ing, and that a later prison report referred giving than the world of law and order' fails ment, to the exclusion of any supporting to him as a "perfect inmate"; this aspect of to acknowledge (because of the sources re­ the complaint is dismissed. the groups. lied on in the article) that the several police The South Coast Register's editor indi­ 2. Mr Smith' right to life enemies Mr Smith has acquired over the cated to the Press Council that pro-SCA Mr Anderson says the article shows a years are also suspects for the shooting". Inc letters were rejected because they were dangerous contempt for Mr Smith's life. On this the newspaper replied that the re­ defamatory. Although it quotes from the SORB report, porter's police sources say Mr Smith and his it fails to make clear that through no fault wife pointed to Mr Smith's underworld en­ of his own he was given no opportunity to emies and had not hinted at police involve­ have his classification reduced and this ment. They say that Mr Anderson does not ADJUDICATION NO. 583 was the major reason for the SORB's hesi­ appear to have passed on any credible infor­ tancy about his release. There is, he says, mation on this to the authorities. The Coun­ nothing sympathetic about Mr Smith in cil cannot therefore say the absence of a The Press Council has examined a com­ the article. The newspaper says that a reference to police suspects constitutes an plaint against the Bellinger (NSW) Cou­ more objective assessment might be that error of fact. rier-Sun over reports and letters dealing people who associate with criminals with Conclusion with plans for a. new bridge over the firearms might be subjected to their own Bellinger river. code of conduct, irrespective of the rule of The Council affirms that all, including those the law. with criminal records, are entitled to the Mr Norman Braithwaite, a former coun­ benefit of the presumption of innocence. cillor, claims that the paper was irrespon­ The Council believes this aspect of the Care should be exercised not to leave the sible and unfair in its treatment of his article was in the area of reasonable com­ reader with the impression that a person has record on the council, his views on the ment based on facts and this ground of the been found guilty, or is clearly guilty when bridge and the need for a bypass road for complaint is dismissed. the judicial system has not come to this heavy traffic, his letters to the paper on the 3. Other factual errors conclusion. Subject to this, legitimate re­ subject, and in its use of a sketch map of One of the alleged errors concerns the porting should not be stifled. the bridge and roads. extent to which Mr Smith conducted his The paper says that the sketch was a copy own defence. In one aspect there is a dis­ of a map displayed in the council cham­ pute as to the facts; the Council does not bers; the map had Mr Braithwaite's name believe, if there were an error of fact, it ADJUDICATION NO. 582 on it. The paper also said it reported on was either intended or material or pejora­ developments in the bridge planning and tive, and this aspect of the complaint is financing accurately, and commented on dismissed. The Australian Press Council has upheld a them fairly. It had been truncated for space The allegation that Mr Smith "exploited complaint of unfair reporting against the reasons, and it also published four letters technicalities in the law to escape criminal South Coast Register newspaper, which from councillors who supported the pa­ charges" is more serious. Mr Anderson is circulates in the Shoalhaven area around per's position on delays to obtaining fund­ correct in pointing out that the Court of Nowra, New South Wales. ing from from the State Government. Criminal Appeal would not regard the The complaint was made by a local group, It is impossible for the Press Council to quashing of a conviction on apparently Shoalhaven Community Action Inc, regard­ trace exactly the way in which the bridge new standards acquired for criminal evi­ ing the newspaper's coverage of local gov­ planning was developed ... and delayed. dence as merely technical. However, in ernment elections in September 1991. Nevertheless, it can say that the sketch everyday language, the requirements of The South Coast Register published a series map seems to be the one provided origi­ the law in relation to the exclusion of of reports suggesting that office bearers of nally by Mr Braith waite, but who marked evidence are seen to be in the realm of SCA Inc had strong links with the Green the by-pass route on it is in doubt. Mr technicalities. The accused are entitled to movement. Braithwaite's views were given an airing rely on these rules, as the article colour- in the letter columns, even if his direct fully says, "to exploit technicalities". While SCA Inc, which had candidates in the elec­ criticism of the paper and its editor was convictions are only made where proof of tions, denies such links. not. guilt is beyond reasonable doubt, there The Press Council is in no position to assess Mr Braithwaite's claim that the sketch, as would be agreement as to whether the law the facts in dispute. published by the paper, was a "mischie­ is too favourable to the prosecution or to However, it believes the newspaper failed vous forgery" does not seem justified. The the defence. to provide a balanced coverage of the issue Council cannot draw any conclusion as to Read with the caption for the photograph, and a clear distinction between comment who marked the by pass route. these words tend to reinforce the view and factual reporting. On the other hand, the paper's editorial that Mr Smith was guilty of the Tidmarsh There was no indication in any of the reports criticism of Mr Braithwaite was strong. murder. However, this aspect of the com­ that the newspaper had sought to give SCA Whether justified or not, it is impossible 20 AUSTRALIAN PRESS COUNCIL NEWS, AUGUST 1992 for the Press Council to decide in view of the conflicting evidence put to it and the limited nature of council records. ABOUT THE PRESS COUNCIL

The Australian Press Council was ADJUDICATION NO. 584 Complaint Procedure established in 1976 with the respon­ sibility of preserving the freedom of If you have a complaint against a newspaper or periodical, you should The Press Council has dismissed a com­ the press within Australia and en­ plaint by the Premier of Queensland, Mr suring the maintenance of the high­ first take it up with the editor or Wayne Goss, against the Brisbane Sun­ est journalistic standards, while at other representative of the publica­ day Mail, over an article which appeared the same time serving as a forum to tion concerned. on 8 March under the headline: 'TOP which anyone may take a complaint If the complaint is not resolved to COP LASHES OUT: "I'm no puppet" concerning the press. your satisfaction, you may refer it to says Newnham'. It is funded by the newspaper indus­ the Australian Press Council. A com­ The article was based on an interview plaint must be specific, in writing, with the Queensland Police Commis­ try, and its authority rests on the willingness of publishers and edi­ and accompanied by a cutting or sioner, Mr Noel Newnham, in which he clear photostat of the matter com­ tors to respect the Council's views, provided information and comment on plained of, with supporting docu­ what he described as a smear campaign to adhere voluntarily to ethical stand­ conducted against him over the previous ards and to admit mistakes publicly. ments or evidence if any. Complaints two years. must be lodged within three months The Council consists of 23 members. of publication. The article began: "Police Commissioner Apart from the chairman (who must Mr Noel Newnham said yesterday he had have no association with the press), The Council will not hear a com­ been the victim of a 'vicious lie' campaign there are 11 publishers' nominees plaint subject to legal action or, in since the Goss Government came to the Council's view, possible legal power." and eight public members, two jour­ nalist members and an editorial action, unless the complainant is It went on to outline the process and con­ member. (None of the public, jour­ willing to sign a waiver of the right text of the alleged smear campaign, and to such action. particularly the hostile relationship be­ nalist and editorial members being tween Mr Newnham and the former Po­ affiliated with any newspaper pub­ Address complaints or inquiries to: lice Minister, Mr Mackenroth. lisher.) The newspapers'representa­ Executive Secretary Mr Goss complained that the article was tives are drawn from the ranks of The Australian Press Council "deliberately contrived to cast the Gov­ metropolitan, suburban and coun­ Suite 303, ernment in the worst possible light on the try publishers as well as from the 149 Castlereagh Street basis of statements which are not directed AAP service. The public is repre­ Sydney NSW 2000 against the Government". sented by people from all walks of For information or advice telephone life. The "Goss Government" was only men­ (02) 261 1930, and callers from out­ tioned twice in the article. However, Mr The Press Council is able to amend Goss believed that these references, to­ side the Sydney Metropolitan area gether with a comparison of the its constitution with the approval of can ring toll free on (008) 02 5712 its constituent bodies. Significantly, Newnham/Mackenroth dispute with that A booklet setting out the aims, prac­ great importance is placed on mem­ between former Police Commissioner Ray tices and procedures of the Council bers acting as individuals rather than Whitrod and the Bjelke-Petersen Govern­ is available free from the above ad­ as the representatives of their ap­ ment, implied that the State Government dress. as a whole (and not only those conducting pointing organisations. the alleged campaign) was in a continu­ ing conflict with Mr Newnham. The Press Council does not accept that this implication arose and the complaint MAILING LIST & MAILING LABELS is, therefore, dismissed. From time to time, those on the mail­ Also, please check the label on the ing list move. If you would like to envelope of this issue to ensure continue to receive the News, please let that it is accurate. Any corrections the Press Council know of any changes to the labels should be forwarded in address. to the Press Council office.

Managing Editor: David Hint; Editor: Jack R Herman Typeset and lay-oot by McDonnell Herman; Printing: Dashing Instant Print © Australian Press Council, 1992