'No' To Push For School Sex Evidence To Come Out In Open Court

By Jewel Topsfield (The Age)
May 7, 2012

A highly unusual application by an alleged victim of sexual abuse at a Jewish school to have his name published in the media has been refused by a Melbourne magistrate.

David Samuel Cyprys, a former security guard at Yeshivah College in St Kilda East, has been charged with 53 counts of gross indecency of a person under 16, indecent assault, false imprisonment, rape, common law assault and attempted indecent assault involving 12 alleged victims.

The case is being heard in a committal hearing in the Melbourne Magistrates Court that started today.

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One of the alleged victims applied to have his name published in the media and his evidence given in open court.

The man, a former student at Yeshivah College, said he was a leader in the Jewish community and he hoped the publication of his name would encourage other victims to come forward.

"This is something I have been suppressing for many years and I am quite happy it be out there," he said.

"I have taken it upon myself to take a leadership role in this case and encourage people to seek justice."

The man said his allegations against Cyprys, 44, of Balaclava, had already been canvassed in the media and were well known within the Jewish community.

Magistrate Luisa Bazzani said that in her six years' experience as a magistrate she had never received such an application.

"The counsel for prosecution informs me he has never experienced an application of this kind," Ms Bazzani said.

She said the purpose of legislation prohibiting the publication of names of victims of sexual crimes revolved around public interest issues.

"It allows for the protection of the identity of a complainant or victim so that others who may wish to come forward would not be deterred."

Ms Bazzani said she was concerned if she allowed the alleged victim's name to be published, someone who saw it in the paper may not realise he had specifically applied to be named.

She was also concerned naming the man could identify others, particularly given there was a reference to the alleged events being "common knowledge amongst boys".

Ms Bazzani refused both the application to publish the man's name and to have his evidence heard in open court.

The case continues in closed court.