A Queensland magistrate has extended a suppression order protecting the identity of a man with a 'high public profile' in an ongoing extortion case in Cairns. The man, referred to in court as MM, is not a party to the case, which was heard at the Cairns Magistrates Court on Monday.
Case Details
MM's conduct was allegedly used as the basis of an extortion attempt against a far north Queensland woman by her former partner. Senior Sergeant Maynard Marcum applied for the suppression order on behalf of Queensland Police Commissioner Brett Pointing. Magistrate Gelma Meoli ordered the court to be closed except for accredited media.
Media Opposition
Barrister Andrew O'Brien, representing media organisations, opposed the broader order suppressing identities beyond the alleged victim and perpetrator. O'Brien argued that naming MM would not reveal the woman's identity and that the magistrate lacked the power to make such an order, citing previous cases where suppression orders were granted only by necessity.
'In a blackmail case, the complainant and the defendant share the guilty secret, whereas in an extortion case, it's different; it's one person revealing another person's guilty secret, to which they're not both a party,' O'Brien said.
The alleged extortionist reportedly gained information by photographing messages on the woman's computer and made a 'supplementary threat' regarding conduct by another friend of the woman. O'Brien noted it was 'curious and telling' that police sought suppression only for MM and not the friend, suggesting the motive was to protect MM from 'embarrassment'.
'If this were a genuine application directed at protecting complainants … coming forward, then our friend [Marcum] would also be seeking an order to protect that information,' O'Brien said. 'The election to pursue suppression of [MM] as opposed to the other woman … can only be explained by embarrassment.'
Police Argument
Police prosecutor Marcum argued that the final decision should be left to the committal hearing, and that failing to grant the suppression order on Monday would 'deprive the judge that will hear the matter from making that final determination'.
Magistrate's Ruling
Magistrate Meoli determined that identifying MM would achieve the purpose of the alleged extortion and discourage future complainants from coming forward. 'I acknowledge that [MM] in this application has a high public profile and this order is based on not that fact,' Meoli said. 'It is based on the application of the law as it applies to any person, whether they be high profile or not.'
The matter was scheduled to return to Cairns Magistrates Court on 28 July.
