3 Sep 2008

Revised decision due on online suppression

6:52 am on 3 September 2008

The judge who has banned websites from naming two men accused of murder is to release a revised decision on Wednesday.

Judge David Harvey has allowed the names two people accused of murdering John Hapeta, 14, to be published in conventional media but has suppressed the names online.

At a hearing on Tuesday he canvassed the issue with defence counsel, and carried out an online search on someone involved in another case to show how easy it is for potential jury members to find information about an accused.

Shane Tait, lawyer for one of the accused, supports the partial suppression, saying Judge Harvey has to balance the right to free speech with the right of an accused to a fair trial.

Judge Harvey says he is surprised no media organisations have appealed against against the suppression.