An interim order prohibiting reporting of the AVO (apprehended violence order) and criminal case in which Byron Shire mayor Michael Lyon is the defendant has been lifted.
Earlier today (27 August, 2024), at Tweed Heads Local Court, Magistrate Geoff Dunlevy heard arguments in favour of the suppression from Mr Lyon’s lawyer John Weller, and against from representatives of the Department of Public Prosecutions (DPP) and multiple media organisations.
Michael Lyon is charged with common assault and intimidation following an incident in the Byron hinterland on 1 August.
After reading submitted medical and other evidence, Magistrate Dunlevy ultimately decided that the principle of open justice was paramount in this case, and dropped all special prohibitions (in place since 19 August), saying ‘the open reporting of court proceedings is fundamental to society’.
Magistrate Dunlevy said despite the risk of stigma for all involved when domestic violence (DV) matters come before the court, there was also the risk of giving an impression of a ‘two tier justice system’ if people of wealth and power are shielded from media scrutiny.
After speaking about the alleged victim, the magistrate noted in his comments that ‘reputational damage’ was not significant grounds for a suppression order where a public figure is concerned.
In regard to the defendant, he said that as Byron Shire mayor and chair of the Northern Rivers Joint Organisation, (as well as being an election candidate), Mr Lyon’s concerns were ‘not trivial’, but he remained unsatisfied that the reasons presented were worthy of compromising the principle of open justice.
The magistrate emphasised that it was important for the public to know that DV can be experienced across the whole socio-economic spectrum, and in non-traditional settings.
The criminal part of the case, that is two charges one count of assault and one count of stalk/intimidate, will now proceed to be heard on 11 March, 2025 at Tweed Heads Courthouse, with a mention of the AVO also scheduled for that date.
Although Mr Lyon’s wife has stated in documents provided to the court that she would prefer for the AVO and criminal charges to be withdrawn, the interim AVO order on Michael Lyon remains in place.
Cataclysmic
Speaking outside court, an angry Mr Lyon said today wasn’t about him, ‘This process has cataclysmically failed my wife. It is a disgrace.’
He said he was entirely innocent of the charges against him, saying that it had ‘all been driven by the police’.
Regarding his prospects for re-election with this matter hanging over him, Mr Lyon said, ‘I’m not interested in that. I’m interested in the fact that the process has failed and it needs to be reviewed so that women are actually protected.’
With local government elections fast approaching, Michael Lyon is running for both mayor and as a councillor in Byron Bay, although his team has changed substantially since his legal situation became public earlier this month.
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