An attempt to suppress Patrick Stephenson's name from publication has been struck out by a Ballarat magistrate after a last-minute withdrawal by the defence.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
At a hearing at the Ballarat Magistrates' Court on Friday, lawyer David Tamanika, who is representing Stephenson, told the court he would be withdrawing an application for a suppression order on the wishes of his client.
Stephenson stands accused of murdering Ballarat mother Samantha Murphy on February 4.
It comes after a hearing on Thursday where an interim suppression order was granted for the matter - blocking the publication of Stephenson's name by any media organisation.
A follow-up hearing where a full suppression order would be debated was scheduled for April 12, however was abridged to Friday as a matter of urgency.
Magistrate Michelle Mykytowycz said she spoke with Victorian Chief Magistrate Lisa Hannan about the widespread media attention the case received and decided to move the hearing closer.
During proceedings Mr Tamanika said the application had been sought due to Stephenson's age, the seriousness of the charge and widespread publicity.
He also said the interim order had little effect on concealing his clients identity in the community.
"Currently the media storm has become inclusive of the family of the applicant (Stephenson) and our intent to assist has only become more destructive... it is for this reason that the client has instructed to withdraw the application," Mr Tamanika said.
"It is concerning the application and granting of such orders can be seen as some underhand move or manipulation tactic by an accused person.
"Everything is done to ensure they are properly represented and it has nothing to do with disregard or disrespect to the family of Ms Murphy."
Mr Tamanika initially sought a suppression order on the grounds of his client's mental health and potential prejudicing of a future trial.
Magistrate Mykytowycz said had the application for a suppression order proceeded, it was unlikely to have been granted regardless.
"The matters that you (Mr Tamanika) raised, certainly in the absence of any evidence of sufficient credible information, I wouldn't not have made a proceeding suppression order today," the magistrate said.
"It was very, very, very unlikely that I would have made the proceeding suppression order."
Stephenson has not indicated whether he intends to plead guilty or not-guilty to the charge.
He appeared in person for suppression order hearing dressed in a gray crewneck jumper, staring ahead for most of the proceeding and occasionally glancing around the court room.
Lawyer Conor O'Beirne appeared on behalf of six major news outlets and said Magistrate Myktowycz had been put in a "very difficult position" after she was told there was a "serious self-harm risk" to Stephenson.
Stephenson will reappear in court on August 8.
