Judge Alone Trials: Chris Dawson Verdict

KEY TAKE-OUTS:

• A judge alone trial can be offered in criminal law proceedings where the court believes that it is in the best interest of justice for the matter to be heard and determined before a singular judge rather than a jury.
• In New South Wales, the accused or prosecutor can make an application for a judge alone trial under section 132 of the Criminal Procedure Act 1986 (NSW) in circumstances where the accused’s right to a fair trial may be compromised due to unfettered public interest and scrutiny.
• In the recent case of R v Dawson [2022] NSWSC 52, Mr Christopher Dawson was granted a ‘trial by judge’ order after findings that the popular true crime podcast “The Teacher’s Pet” captured worldwide attention and significantly contributed to the resurfacing of the investigation into the disappearance of Lynette Dawson.

Can a judge alone decide a case in court?

Is it possible for a jury to remain impartial, objective and unprejudiced when presented with a high-profile case that has attracted infamous media and public attention? A judge alone trial can be offered in criminal law proceedings where the court believes that it is in the best interest of justice for the matter to be heard and determined before a singular judge rather than a jury.

The ratification of international law in state criminal law legislation, specifically Article 14 of the International Covenant on Civil and Political Rights (ICCPR) incarnates the principles of all people being entitled to be heard before an independent court that is ‘competent, independent and impartial’ where the accused shall be presumed innocent until proven guilty.

How do I get a judge alone trial in NSW, Australia?

In New South Wales, the accused or prosecutor can make an application for a judge alone trial under section 132 of the Criminal Procedure Act 1986 (NSW) in circumstances where the accused’s right to a fair trial may be compromised due to unfettered public interest and scrutiny. The court is also required to assess whether a judge alone trial would reduce costs and time in circumstances where the case has already received adverse public attention and judgment.

The Court is required to grant a ‘trial by judge’ order when both the defendant and prosecution consent to the application. Interestingly, the Court has the power to grant the Order even if the prosecution opposes it if preserved the interests of justice. The Court must also grant the Order when there is a substantial risk that the jurors, witnesses, or judges of the jury trial will be influenced.

What are the advantages of a trial by judge alone?

The benefits of a judge alone trial is that there is more transparency involved as a judge is expected to provide lengthy reasonings and justifications for their verdict. Whereas in a jury trial, a jury can conduct deliberations behind closed doors and hand down a verdict without any explanation as to how they reached the verdict. Furthermore, a judge has more expertise and legal knowledge to analyse and deconstruct evidence in complex matters.

Case study: Judge Alone trial granted in R v Dawson [2002]

In the recent case of R v Dawson [2022] NSWSC 52, Mr Christopher Dawson was granted a ‘trial by judge’ order after findings that the popular true crime podcast “The Teacher’s Pet” captured worldwide attention and significantly contributed to the resurfacing of the investigation into the disappearance of Lynette Dawson. Mr Dawson argued that he would not receive a fair trial if his matter was heard before a jury on the basis that the impartiality of potential jurors had been compromised due to years of media speculation and public condemnation with respect to his case.

The facts of the case involved the disappearance of Mr Dawson’s wife and mother of two, Lynette Dawson in the 1990’s. The couple lived in the northern beaches, Sydney and Mr Dawson was a prominent rugby league player before becoming a high school teacher. It was found that Mr Dawson was having an extramarital affair with a high school student at the time of her disappearance. Two coronial inquests were conducted, and it was confirmed that Lynette was most likely murdered by someone she knew. Lynette’s body has never been found to this day. On 30 August 2022, Justice Ian Harrison of the Supreme Court of New South Wales found Mr Dawson guilty of murder.