Vic: Hinch takes legal fight to Supreme Court

AAP General News (Australia)
04-28-2009
Vic: Hinch takes legal fight to Supreme Court

By Daniel Fogarty

MELBOURNE, April 28 AAP - Outspoken broadcaster Derryn Hinch has gone to the Supreme
Court in his fight against charges that he breached court orders by naming sex offenders.

A criminal case against Hinch, 64, was adjourned in the Melbourne Magistrates Court
on Tuesday while he seeks in the Victorian Supreme Court to have two suppression orders
set aside.

Lawyers for the Fairfax Radio Network broadcaster will argue Victorian County Court
judges failed or wrongly applied a legislative test when making those orders.

It is alleged Hinch named sex offenders whose names were suppressed at a victims of
crime rally on the steps of the Victorian parliament in June last year, and on his website.

Hinch's lawyer David Gilbertson applied to the Melbourne Magistrates Court on Tuesday
to adjourn the criminal charges until the Supreme Court matter was heard.

He said orders relating to three of Hinch's five charges would be challenged.

Mr Gilbertson said it would be argued a further charge was made in error.

There would be no submission made challenging the fifth charge, he said.

Prosecutor Kim Swadesir opposed the adjournment, arguing Hinch's criminal matter must
take precedence over the civil Supreme Court application.

The court heard it could be six months before the Supreme Court heard the application.

Magistrate Sarah Dawes said prosecutors were put on notice about the possibility of
Supreme Court action at the first mention of the case.

"I don't think it is appropriate for this matter to be dealt with, with these other
matters on foot," she said.

Ms Dawes adjourned the case until November for a contested hearing expected to take three days.

Hinch was not in court for Tuesday's hearing.

Speaking after a hearing last year he indicated he would strongly defend the charges.

"I have said before what I did, what I have done, I think is morally right and it is
up to the courts to decide whether I am legally right or wrong," Hinch said.

AAP df/gfr/jpm/mn

KEYWORD: HINCH

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