ABSTRACT

This chapter addresses for the question What happens to intimate and criminal secrets in a regime of open justice and will argue that, in some instances. The chapter covers the series 'KM en/The Park' was first exhibited at a small gallery in Tokyo in 1979 and the photographer used the pseudonym 'Kohei Yoshiyuki'. The purpose of proposing a jurisprudence of sensitivity is to provide some conceptual framework for thinking through difficult questions of judgment where hurt, harm, humiliation or danger might result from the operation of the principles of open justice. Miller Meagher used the term 'open secret' to capture the tension between knowledge and discretion. It also explains a group of media agencies sought access to a wide range of documents, including photographs, tendered against Adrian Bayley, who was being committed to trial for the murder and sexual assault of Jill Meagher.