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 but his conduct was allegedly used as the basis for an extortion attempt against a far north Queensland woman by her former partner.
Court Proceedings
The matter returned to the Cairns Magistrates Court on Monday, where 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, arguing that naming MM would not reveal the alleged victim's identity. He contended the magistrate lacked the power to make such an order, citing previous cases where suppression orders were only granted by necessity. O'Brien stated, "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."
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 found it "curious and telling" that police only sought to protect MM's identity and not the friend's, suggesting the application was aimed at preventing embarrassment for MM rather than protecting complainants.
Legal Arguments
O'Brien argued that MM could have sought a suppression order in the Supreme Court if he believed his privacy was at risk. He told the court, "What your honour is being asked to do is to make orders to alleviate or remove empowerment, embarrassment, distress, reputational harm, or some other collateral issue for [MM], but that is just not a basis upon which this court could grant relief."
Police prosecutor Marcum countered that the final decision should be left to the committal hearing, as failing to make an order on Monday would deprive the judge of that determination.
Magistrate's Decision
Magistrate Meoli ruled that identifying MM would achieve the purpose of the alleged extortion and discourage future complainants from coming forward. She stated, "I acknowledge that [MM] in this application has a high public profile and this order is based on not that fact. It is based on the application of the law as it applies to any person, whether they be high profile or not."
The case is scheduled to return to Cairns Magistrates Court on 28 July.
