NSW: Alan Jones loses conviction challenge to naming juvenile

AAP General News (Australia)
02-11-2008
NSW: Alan Jones loses conviction challenge to naming juvenile

SYDNEY, Feb 11 AAP - Sydney broadcaster Alan Jones held an "unreasonable" belief he
could name a juvenile witness in a murder trial, a judge said in dismissing Jones' conviction
appeal.

Contrary to a magistrate's findings, Judge Michael Finnane found that Jones honestly
- although unreasonably - believed consent had been given for the name to be broadcast.

Jones named the juvenile on his morning program on Sydney radio station 2GB in July 2005.

Last April, a magistrate found he had breached the Childrens' Proceedings Act when
he read out an article published that day in Sydney's The Daily Telegraph, which named
the teenager.

Jones submitted he believed consent had been given, as he assumed there were layers
of people at the newspaper checking stories.

But Judge Finnane, in the NSW District Court, said those beliefs were based on conjecture
and the broadcaster took no steps to check whether they was correct.

"He had never worked at the Daily Telegraph and had not attended any meetings at which
discussions of the publication of witnesses' names was discussed," he added.

The judge also rejected conviction challenges by 2GB's licensee, Harbour Radio, and
The Daily Telegraph's publisher, Nationwide News.

He asked for written submissions relating to an appeal by Jones against his $1,000
fine and nine-month good behaviour bond and Harbour Radio's $3,000 fine.

Nationwide News is not challenging its $4,000 fine.

Judge Finnane will deliver his decision on the penalty appeal on March 27, when Jones
- who was not present in court today - will be required to attend.

AAP mss/was/jl/de

KEYWORD: JONES NIGHTLEAD

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