Section 142: Pre-trial publicity – Length of time—Counsel questioned the propriety

142. Pre-trial publicity – Length of time—Counsel questioned the propriety of empanelling a jury in view of the pre-trial publicity which, it was submitted, had created such a risk of prejudice against the accused that no individual juror could be fairly and safely empanelled. Whilst the instances of pre-trial publicity were many and of a seriously prejudicial type, those happened 18 months ago. Experience has shown that the human recollection is short and the drama of a trial almost always has the effect of excluding from recollection that which went before. A newspaper article can prejudice a fair trial only if jurors see it, believe it, remember it, and act on it in preference to the evidence they receive in Court, despite a judicial direction to the contrary. State v Bacha (1996).