SA: Paeophile wants to separate defamation case against him

AAP General News (Australia)
12-04-2007
SA: Paeophile wants to separate defamation case against him

By Todd Cardy

ADELAIDE, Dec 4 AAP - A convicted paedophile charged with defaming a South Australian
MP wants to be tried separately from two co-accused.

Craig Ratcliff, 46, has pleaded not guilty to a charge of criminal defamation for allegedly
wrongly naming a serving politician as a paedophile in a television interview in August
2004.

Prosecutors allege he told a journalist with the Seven Network's Today Tonight that
a Labor MP had been videotaped having sex with a boy.

Ratcliff today applied to the SA Supreme Court for his trial to be separated from co-accused
Wendy Utting and Barry Standfield, who each face six counts of criminal defamation.

Utting, 38, and Standfield, 66, are accused of naming the politician referred to by
Ratcliff. They are also accused of naming two senior police officers and another Liberal
politician as paedophiles in a statutory declaration sent to media outlets in March 2005.

The names were never published and have been suppressed for the defamation case.

Lawyer Michael Hegarty, for Ratcliff, told Justice Margaret Nyland the case should
be separated to avoid a risk of "impermissible prejudice" against Ratliff.

Mr Hegarty said his client's defence would be different to those of the co-accused
and the "part played by Mr Ratcliff was likely to be lost" by a jury.

"The charges are totally and distinctly different," he told the court.

"There is a danger that a jury when examining the facts could be led into error.

"That is a major concern for the defence."

In opposing the application, prosecutor Martin Hinton, QC, said the three defendants
had worked together repeatedly since 1995 and most of the evidence presented would overlap.

Mr Hinton told the court about 10 of the 32 witnesses expected to appear at trial were
common to both cases.

He said the trial was not unique and there was no reason a jury would not understand
the different charges or evidence presented.

Justice Nyland has reserved her decision.

AAp tkc/sl/so

KEYWORD: RATCLIFF

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