While it agreed the prejudice to Dawson caused by the pre-trial publicity and delay in this case was “very serious”, it could be “remedied or sufficiently ameliorated by careful directions which the judge at the trial will give to the jury”, the court said.
Chief Justice Tom Bathurst also noted a fair trial is not necessarily a perfect trial.
While fairness to the accused is one consideration, so too is the public interest of the community in bringing those charged with serious criminal offences to trial, he said.
The court’s full reasons have been suppressed in the interests of justice, to ensure Dawson can receive a fair trial.
Evidence and submissions made in the appeal are also shielded by a court order.