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Speaker 1: Already and this is this is the daily this is

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Speaker 1: the Dailias. Oh now it makes sense. Good morning and

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Speaker 1: welcome to the Dahlias. It's Monday, the eleventh of March.

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Speaker 1: I'm Sam, I'm Zara. Last week, a twenty two year

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Speaker 1: old man was arrested for the murder of Ballarat woman

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Speaker 1: Samantha Murphy, who has been missing since the fourth of February.

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Speaker 1: Police have charged a man with murder over the disappearance

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Speaker 1: of missing Ballarat mother Samantha Murphy.

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Speaker 2: The adrenaline with everything in that cupitigan is that's trying.

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Speaker 3: To be right for everybody.

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Speaker 1: That's something you wouldn't want anyone experienced. Patrick Orn Stephenson

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Speaker 1: has been named as the man accused of the murder.

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Speaker 1: We now know his name, but his identity was initially

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Speaker 1: kept secret under a suppression order. So what are suppression

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Speaker 1: orders and what do we know about the ledged murder

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Speaker 1: of Samantha Murphy Zara. We're going to get to all

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Speaker 1: of that in today's deep dive.

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Speaker 2: But first Sam, what's making headlines.

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Speaker 1: A US military ship has left the state of Virginia

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Speaker 1: headed to Gaza to build a temporary peer that will

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Speaker 1: accelerate the delivery of aid to Palestinian civilians. The initiative

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Speaker 1: was announced by US President Joe Biden as part of

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Speaker 1: his State of the Union address on Friday. In it,

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Speaker 1: he said a temporary peer will enable a massive increase

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Speaker 1: in the amount of humanitarian assistance getting into Gaza every day.

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Speaker 2: Aerial surveys of the Great Barrier Reef have revealed it

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Speaker 2: is experiencing another widespread coral bleaching event. This is when

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Speaker 2: water temperatures cause coral to eject algae, a sign of

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Speaker 2: heat stress, which leads to coral turning white. Bleached coral

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Speaker 2: is more at risk of starvation and disease, which can

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Speaker 2: lead to entire reefs and ecosystems dying. The reef authorities

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Speaker 2: chief scientist said the latest bleaching event on the Great

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Speaker 2: Barrier Reef reflects quote above average sea surface temperatures.

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Speaker 1: An extreme heat wave will continue across areas of Victoria

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Speaker 1: and South Australia, with some areas seeing temperatures well above

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Speaker 1: forty degrees. Temperatures are expected to be so hot in

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Speaker 1: Melbourne that Melbourne City Council has canceled the city's iconic

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Speaker 1: Moonbar Festival, which was due to celebrate its seventieth year. Today.

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Speaker 1: There should be a bit of relief on the way

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Speaker 1: towards the middle of the week, but for now, authorities

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Speaker 1: are warning all residents to ensure they watch for signs

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Speaker 1: of heatstroke and avoid excess time outside.

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Speaker 2: And the good news, four children born with HIV have

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Speaker 2: tested virus free more than a year after they paused medication.

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Speaker 2: That's according to the results of an ongoing study. HIV

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Speaker 2: treatment was given to the children within the first forty

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Speaker 2: eight hours after birth. Four out of a group of

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Speaker 2: six children were eventually deemed This means that they had undetectable,

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Speaker 2: non transmissible levels of the virus for at least forty

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Speaker 2: eight weeks. One of the lead researchers on the studies said, quote,

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Speaker 2: the promising signals from this study are a beacon for

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Speaker 2: future HIV remission science. So, Sam, last week there was

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Speaker 2: a development in the case of the missing Victorian woman

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Speaker 2: Samantha Murphy, who has been missing, as you said, since

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Speaker 2: the fourth of feb What actually happened, So.

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Speaker 1: This case has had a lot of media attention in

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Speaker 1: the last kind of month or so. So Samantha Murphy

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Speaker 1: was a mother of three, and she was fifty one

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Speaker 1: years old, and like you said she's been missing since

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Speaker 1: the fourth of February and she basically vanished without a trace.

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Speaker 1: Here's what we do know. We do know that she

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Speaker 1: was last seen when she left her home to go

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Speaker 1: for a run in Ballarat, which is a city west

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Speaker 1: of Melbourne. And for about a month we had very

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Speaker 1: little information about what exactly happened to Samantha. And then

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Speaker 1: last week Victorian Police made this announcement.

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Speaker 3: Detectives from the missing person squad yesday morning at six

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Speaker 3: am arrested a twenty two year old Scottspurn man. They

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Speaker 3: arrested him at his home address and took him into custody.

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Speaker 3: The man was interviewed over a number of hours. A

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Speaker 3: number of search warrants have been executed as a result

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Speaker 3: of those investigations. He has today been charged with the

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Speaker 3: murder of Samantha. We will be alleging that murder occurred

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Speaker 3: at Mount Clear on the day she disappeared.

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Speaker 1: So police announced that a twenty two year old man

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Speaker 1: had been arrested for the murder of Samantha Murphy.

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Speaker 2: And when police made that announcement, they didn't tell us

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Speaker 2: who they had actually charged, which is quite rare.

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Speaker 1: Right, Yeah, And that is a suppression order.

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Speaker 2: Okay, And so there was lots of discussion online about

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Speaker 2: why the system allows things like this to happen, spression

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Speaker 2: orders where the identity of someone accused of a crime

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Speaker 2: like murder can actually be protected. I do think that

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Speaker 2: this is an interesting feature of our legal system and

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Speaker 2: something that obviously interacts with media. Can you just.

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Speaker 1: Explain, yes, So there's been quite a few cases where

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Speaker 1: suppression orders have been really controversial in Australia. So I

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Speaker 1: think the first thing to say is you need to

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Speaker 1: understand that Australia's judicial system is based on the principle

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Speaker 1: of open justice. What's that? And that basically means court

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Speaker 1: proceedings are normally available for the public to see. I

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Speaker 1: used to go to court for a law assignment while

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Speaker 1: I was studying a university. You can walk in and we've.

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Speaker 2: Watched cases on YouTube. They are fairly accessible.

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Speaker 1: Yeah, And the whole idea behind that is the public

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Speaker 1: should know what's going on in the court system. But

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Speaker 1: suppression orders, which are also sometimes called gag orders, are

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Speaker 1: introduced in special circumstances if there is a need to

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Speaker 1: actually restrict what is made public.

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Speaker 2: So we have an open court justice system. With this

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Speaker 2: basic understanding that what happens in courts should be public,

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Speaker 2: but then suppression orders on the flip side can force

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Speaker 2: people to keep things a secret if required. Why would

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Speaker 2: there be a need to keep some things private, like

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Speaker 2: the name of an alleged murderer.

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Speaker 1: So the judge could have a range of reasons why

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Speaker 1: they think the name needs to be sealed from the public,

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Speaker 1: and it can be for things like the names of

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Speaker 1: alleged victims and perpetrators in particularly sensitive cases, locations where

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Speaker 1: people live. It could be any detail really of a case.

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Speaker 2: So it's not always the name that we're talking about though,

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Speaker 2: of for example, the alleged perpetrator.

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Speaker 1: It often is I mean, in reality, it often is

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Speaker 1: the name, but it can also include any other identifying factors.

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Speaker 1: I've seen some cases where suppression orders have been placed

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Speaker 1: upon the name of a school, of a family member,

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Speaker 1: of somebody involved. And more specifically, there could be instances

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Speaker 1: where alleged victims of crime want to stop their name

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Speaker 1: from being revealed, and that's because of the undeniable stress

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Speaker 1: of being in the public eye. Okay, the judge might

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Speaker 1: also decide that an alleged offender's safety is at risk

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Speaker 1: including for mental health reasons. It could also be deemed

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Speaker 1: necessary in high profile cases. So when there's heaps of

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Speaker 1: media attention around a certain trial, if there's a risk

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Speaker 1: that a person's right to a fair trial could actually

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Speaker 1: be undermined by the publishing of details by the media.

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Speaker 2: But what happens if the media doesn't abide by that?

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Speaker 2: I mean, like, it's this rule that we all know

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Speaker 2: as journalists that we have to abide by. Well, what

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Speaker 2: happens if.

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Speaker 1: You don't, Well, there's big fines that publishers might have

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Speaker 1: to pay. You could be fined more than five hundred

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Speaker 1: thousand dollars. Those finds are decided state by state, so

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Speaker 1: there's no consistent rule across the country, but it's a

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Speaker 1: lot of money.

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Speaker 2: Whenever I think about suppression orders, the case that I

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Speaker 2: often come back to is of Cardinal George pell because

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Speaker 2: there was a suppression order that forbid the media from

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Speaker 2: saying his name in a case several years ago, and

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Speaker 2: then media got in trouble, which is a really interesting

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Speaker 2: big yeah, when some did use his name.

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Speaker 1: Exactly, and those two factors that the fact that such

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Speaker 1: a high profile individual had their name suppressed for so long,

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Speaker 1: but also then that media got in trouble for trying

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Speaker 1: to see how far they could push it. Makes this

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Speaker 1: a really interesting example. So for those who don't remember,

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Speaker 1: in twenty eighteen, a judge made a controversial decision to

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Speaker 1: stop media publishing any details of the trial of George Pell,

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Speaker 1: so kind of a blanket ban, who at that time

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Speaker 1: was Australia's most high profile Catholic figure, and he was

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Speaker 1: accused of sexually abusing two boys. Now, many media outlets

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Speaker 1: tried really creative ways of getting around the suppression order.

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Speaker 1: They did things like identified him as the most high

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Speaker 1: profile Catholic figure, they would allude to things that he'd

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Speaker 1: done in the past, and ultimately they've got in a

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Speaker 1: lot of trouble for it, and fourteen Australian publications collectively

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Speaker 1: paid more than a million dollars for their reporting on

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Speaker 1: the case. Now, Pelle was found guilty in that case,

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Speaker 1: but the verdict was then overturned on appeal two years.

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Speaker 2: Later, and that was obviously a massive moment, huge moment.

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Speaker 2: But I want to go back to right now where

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Speaker 2: there was a suppression order in the case of the

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Speaker 2: alleged murder of Samantha Murphy. Why was there this suppression order.

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Speaker 2: In this case, we're not talking about someone as high

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Speaker 2: profile as George Peller.

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Speaker 1: It's slightly different. Yeah, So, when this man was charged,

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Speaker 1: his lawyers successfully sought a suppression order, so they applied

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Speaker 1: to the court to have his name suppressed due to

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Speaker 1: concerns for the alleged perpetrators' mental health and the risk

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Speaker 1: of limiting the fairness of the trial. To tease out

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Speaker 1: that fairness of the trial a bit more. That basically

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Speaker 1: means that if it's a jury trial, they can't run

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Speaker 1: the risk that somebody has read media reports with that

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Speaker 1: person's name, if the court deems that could put out

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Speaker 1: risk the idea of having a fair jury. And all

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Speaker 1: of that meant that the media couldn't actually publish his name, including.

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Speaker 2: Us, And it meant that when we did publish stories

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Speaker 2: around this, we turned off the comments because people would

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Speaker 2: have felt inclined to comment his name. And then all

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Speaker 2: of a sudden, you end up in a situation where

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Speaker 2: the media is inavertently you're publishing his name exactly.

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Speaker 1: But then, and this is very common when suppression orders

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Speaker 1: are placed in high profile cases. A group of media

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Speaker 1: outlets made a legal argument against the order and they.

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Speaker 2: Saying they should be allowed to publish.

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Speaker 1: His name exactly. And the point they were arguing to

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Speaker 1: the court was that their reporting was not going to

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Speaker 1: influence the trial. Rather, they just wanted to tell their

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Speaker 1: readers or viewers exactly what was happening.

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Speaker 2: Mm hm, And so what happened.

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Speaker 1: So on Friday last week, lawyers for the alleged murderer

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Speaker 1: actually dropped the suppression order request themselves, meaning media could

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Speaker 1: reveal that the man accused of murder is twenty two

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Speaker 1: year old Victorian man Patrick Orn Stephenson. And there's been

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Speaker 1: a lot of commentary about how media are reporting this

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Speaker 1: next part of information, But a lot of media reports

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Speaker 1: follow up by saying that he's the son of former

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Speaker 1: AFL player Arren Stevenson.

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Speaker 2: And so what do we know about the alleged perpetrator

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Speaker 2: other than I guess what his dad did for a job.

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Speaker 1: Yeah, and that's kind of almost as much as we

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Speaker 1: do know. We don't know a lot about this man.

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Speaker 1: We do know that he's from the Ballarat area. We

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Speaker 1: don't know how he was connected to Samantha Murphy. Police

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Speaker 1: have said though that they believed this was quote a

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Speaker 1: deliberate attack.

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Speaker 2: You said there that his legal team actually dropped the

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Speaker 2: case for a suppression order.

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Speaker 1: Yeah, his legal team withdrew the request.

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Speaker 2: Why would they do that?

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Speaker 1: So as lawyers spoke in court on Friday, and according

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Speaker 1: to the ABC, one of his lawyers said, the current

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Speaker 1: media storm has now become inclusive of the family of

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Speaker 1: the accused and the defense intention to assist. So their

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Speaker 1: application to have that suppression order has only become far

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Speaker 1: more destructive as a mechanism to the client.

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Speaker 2: Right, because everyone was focusing on that suppression order and

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Speaker 2: who it was about, it.

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Speaker 1: Became a bit of a kind of guessing game of

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Speaker 1: who this person was. And the lawyer also kind of

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Speaker 1: criticized how much attention, as you said, the suppression order

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Speaker 1: itself was receiving. Stevenson has also not entered a plea deal,

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Speaker 1: meaning we don't know if he will plead guilty or

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Speaker 1: not guilty, so basically can't give him any answers. But

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Speaker 1: this will be a developing story.

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Speaker 2: Sam. I think it's interesting to understand how suppression orders

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Speaker 2: work because it's something that we have to abide by

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Speaker 2: in media, and you know, I often see comments on

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Speaker 2: other posts that were we do asking why, for example,

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Speaker 2: we've turned off comments or asking why we've made a

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Speaker 2: certain decision not to name an alleged perpetrator. So I

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Speaker 2: think this idea of media literacy is really important and

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Speaker 2: is something that we will continue to try and do

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Speaker 2: here at the Daily Ods. Thanks for joining us on

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Speaker 2: today's podcast. If you learned something, let us know. You

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Speaker 2: can leave a comment on Spotify if you head to

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Speaker 2: today's episode, there's little question box there let us know

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Speaker 2: what you think. Otherwise we'll be back in your ears

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Speaker 2: again tomorrow. Have a great day.

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Speaker 1: My name is Lily Madden and I'm a proud Arunda

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Speaker 1: Bungelung Calcuttin woman from Gadigol Country. The Daily oz acknowledges

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Speaker 1: that this podcast is recorded on the lands of the

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Speaker 1: Gadighl people and pays respect to all Aboriginal and Torres

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Speaker 1: Strait Island and nations. We pay our respects to the

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Speaker 1: first peoples of these countries, both past and present.