Evidence would not be excluded because the media might give it undue emphasis, the ACT Coroner, John Burns, ruled yesterday.
He was inquring into the death of Brian Lankuts, aged five months, who died on November 21, 1990, after surgery to correct a skull abnormality which threatened to compress his brain.
He rejected a submission from Stuart Littlemore, acting for three doctors: neurosurgeon Dr Nadana Chandran, maxillary facial and oral surgeon Dr Peter Vickers and plastic and reconstructive surgeon Dr Alan Ferguson.
Mr Littlemore, who presents the program Mediawatch on ABC television, submitted that certain evidence should be excluded because üThe Canberra Times would give it undue emphasis and because it would not assist the inquiry. He said it was public knowledge that several doctors were suing what he called the local paper over an article about Brian Lankuts.
Mr Burns allowed the evidence saying he would make decisions about admissibility on the relevance to the inquiry and the issues before it. How the media reported the evidence was not an issue. Anyone complaining about that could take action against the newspaper.
Dr Chandran and Dr Vickers are suing üThe Canberra Times along with two others who have not been mentioned in, and are not represented at, the inquest.
Counsel assisting, Steve Loomes, sought to tender the whole of a statement by Constable Paul McEwan. However, this course was objected to by three lawyers, including Mr Littlemore, representing six doctors, and counsel representing the ACT Board of Health, Pamela Coward.
Some evidence about Constable McEwan’s conclusions about witnesses state of mind was excluded, but other material objected to was allowed in.