Monday, December 29, 2008

Child Sex Charges Richard Dutton Brown Adelaide


SOUTH Australians have finally learned the identity of a senior magistrate who fought to keep his name out of the public arena, two years after he was charged with child sex offences.

The state's highest court yesterday overturned an earlier court order suppressing identification of Richard Dutton Brown, upholding an appeal by The Australian and Adelaide newspaper The Advertiser.

Mr Brown, who has been a magistrate for almost 30 years, was granted the suppression order on his identity in October after being committed to stand trial in the District Court the month before.

Yesterday, three judges of the Full Court of the Supreme Court -- Chief Justice John Doyle and judges Richard White and David Bleby -- set aside the suppression of Mr Brown's identity, finding there was no reason why his name should continue to be withheld.

Two years ago, the South Australian Government amended the law to reduce the number of suppression orders being granted in the state's courts.

The decision by the Full Court yesterday is one of the first to consider the legal implications of the amendments to the law.

Legal sources said the judgment reflects a more cautious approach in issuing suppression orders by the courts.

Mr Brown was not present in court to hear he had lost the battle for his identity to remain suppressed.

His last appearance was in September, when he attended the District Court for his arraignment on the charges against him.

At that time, the bespectacled 60-year-old appeared wearing a suit and tie and walked with the aid of a stick.

Mr Brown, of the eastern Adelaide suburb of Norwood, has pleaded not guilty to five charges of indecent assault and two charges of unlawful sexual intercourse.

The offences are alleged to have occurred between 1977 and 1981 at Norwood.

Mr Brown was charged in 2006 following a four-month police investigation and appeared in court for the first time on the charges in August that year.

His identity was suppressed as the case made its way through the magistrates court committal process until the charges reached the District Court, where he applied for the suppression order that was overturned yesterday.

Mr Brown has been on paid leave from his $223,000-a-year position since May 2006.

The Full Court ordered that Mr Brown pay the legal costs of The Australian and The Advertiser for the appeal.

He was appointed a magistrate in 1979, just six years after graduating with a law degree from Adelaide University.

Mr Brown's case is listed to be mentioned in the District Court today.

Gavin Lower
December 23, 2008

http://www.theaustralian.news.com.au/story/0,25197,24835788-5006787,00.html

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