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Media Release - 12 February 2008 - Broadcast of 'Underbelly' Television Program

Justice Betty King today made an order prohibiting Channel 9 from broadcasting the proposed 'Underbelly' television program in Victoria in the near future.

Justice King's order prohibits any of the proposed program being broadcast within Victoria until the conclusion of a pending murder trial involving an accused person whose name is currently suppressed.

Justice King made the prohibition order after hearing submissions from counsel appearing for Channel 9, the accused person in the pending trial, and the Director of Public Prosecutions.

Speaking after the making of the order today, the Director of Public Prosecutions Mr Jeremy Rapke QC said "My staff & I have viewed 'Underbelly' and it is my view that screening the program would adversely affect the right to a fair trial of the person charged with murder whose name is presently suppressed. It may also adversely affect other pending criminal hearings in this State."

Mr Rapke also said "Although the temporary prohibition on broadcasting 'Underbelly' is unfortunate for some people, including those Victorians who wanted to watch the program as scheduled, the granting of the injunction by Justice King recognises the importance of an accused person's right to receive a fair trial, and the undesirability of the timing of criminal trials being influenced by television programming."

In response to reports that Channel 9 may seek to appeal against Justice King's order, Mr Rapke said "Whether or not an appeal is pursued is a matter for the parties in question. Until and unless any such appeal is heard and determined it would be inappropriate to comment further."

Any queries should be directed to the Office of Public Prosecutions Media Liaison Unit.