The Victorian legal system is keeping the identity of a former football player’s kid who is accused of killing missing mother-of-three Samantha Murphy a secret from the public.
The name of Ms. Murphy’s suspected killer will not be disclosed by Daily Mail Australia, a betrayal of her long-suffering family, since his attorney has successfully petitioned the court for a gag order.
About 18 km east of Ms Murphy’s Ballarat residence, the 22-year-old Scotsburn man appeared on Thursday afternoon in the Ballarat Magistrates’ Court.
The court heard that even though the name of the suspected killer had been extensively publicized in the hours before the hearing, it should be kept secret. David Tamanika, the accused’s attorney, represented the parties.
Given his age and the widespread media coverage surrounding the case, Mr. Tamanika informed Magistrate Michelle Mykytowycz that he had serious fears for his client’s safety.
He informed the magistrate that his client, who was awaiting his next court date, had never before been in jail and that he stood the risk of hurting himself.
Wearing a bright orange worker vest, the guy told the court he was made to avoid ‘prejudice the administration of justice’ for his client, who had only been arrested the day before.
According to Mr. Tamanika, his client’s “serious mental health challenges” while incarcerated would worsen if his identity was made public.
He requested that the order be implemented countrywide, pointing out that Ms. Murphy’s disappearance had garnered international attention.
Up to a dozen media companies objected to the order’s issuance, claiming that “the horse had already bolted,” even though a Victoria Police prosecutor rejected to hear arguments on the case.
The man’s identity and likeness had been widely disseminated for hours on news websites and television broadcasts before the hearing was held late on Thursday afternoon.
But Magistrate Mykytowycz rejected such reasons, announcing that she would issue a gag order in effect until April 12 and that it would not be subject to challenges.
“That, in my opinion, should not be a proper basis to rule out a suppression order,” the woman stated.
The magistrate ruled that the accused’s right to justice took precedence over the public interest in the case when he issued the ruling.
She declared, “The defense is entitled to a fair trial.”
Media groups challenged the suppression order after the hearing, and the case is scheduled to go back before the judge on Friday morning.
Just over four weeks after Ms. Murphy disappeared during an early morning run in Ballarat, in Victoria’s Central Highlands, the 22-year-old male was accused on Thursday.
Shane Patton, the chief commissioner of Victoria detectives, stated that on the day Ms. Murphy vanished, detectives claimed she was murdered at Mount Clear.
He stated that the family did not know the accused and that they were not searching for any other person connected to her disappearance.
Commissioner Patton stated that to provide her family with closure, police would do “everything” to locate the accused, who has not revealed the whereabouts of her remains.
“It is tragic for anyone to learn that a loved one has been murdered,” he said to reporters on Thursday.
“Finding Samantha’s body is crucially important for the family.”
Police would claim it was a “deliberate” attack, according to Commissioner Patton, but he would not go into greater detail since the case is still pending in court.
He did, however, clarify that the police would not claim Ms. Murphy was murdered in a hit-and-run.