Source: The Conversation (Au and NZ)
The criminal trial of former radio 2GB host and Wallabies coach Alan Jones, who turned 85 in April, has begun.
Arrested at his harbourside apartment in November 2024 following a New South Wales police investigation, Jones is facing allegations that he indecently assaulted, groped or inappropriately touched a number of young men. He denies all wrongdoing and has pleaded not guilty.
As it now stands at the start of the trial, six male complainants are listed to give evidence of incidents that are alleged to have happened between 2003 and 2020 at Jones’s apartment on Macquarie Street, Sydney, and/or at the property he formerly owned at Fitzroy Falls in the Southern Highlands.
In all, there are 22 charges arising from those incidents, comprising 20 counts of indecent assault, and two further counts of sexual touching.
Why is the court closed?
The trial is being heard in a closed court. This means members of the general public cannot be in the courtroom.
This is because the room in the Downing Centre Local Court chosen for this trial is small. It fits perhaps a couple of dozen people.
It’s therefore expected that only Judge Glenn Walsh, the legal teams, a small group of media representatives, and officers from the child protection squad will be present during the trial.
The case is being streamed via audiovisual link, but the streaming will cut out when complainants are giving evidence to protect their identities, as is common in trials alleging sexual abuse.
All judge, no jury
Jones’s defence team has chosen a judge alone trial rather than a jury trial.
This is an option that is available in most, but not all, Australian states, including New South Wales. Some reasons an accused person might opt for a judge-alone trial are:
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there is a perception a jury might harbour prejudices, or be biased against the accused
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if the nature of the defence is overly complicated and might confuse a jury
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there is a perception a jury may be overwhelmed by the social media coverage that will inevitably follow this trial.
The defence team does not have to explain their reasons.
Judge-alone trials have become commonplace nowadays. Up to 18% of NSW indictable (more serious) criminal trials are heard by judge alone.
There is no difference in the conduct of a jury trial and a judge-alone trial except that in the former, the judge acts merely as umpire and the jury makes the findings of fact and applies them to the verdicts required. In this case, Judge Walsh himself makes those factual findings and reaches his verdicts.
Interestingly, there is some evidence that trials by judge alone make a difference to the verdict. A study by the NSW Bureau of Crime Statistics for trials between 1993 and 2011 found judges handed down acquittals 55% of the time, compared with juries acquitting the accused only 29% of the time.
However, a study in 2014 of NSW trial outcomes revealed the acquittal rate was 33% for judges and 35% for juries. We can’t be sure what the rates are today nor how they may depend upon the nature of the matters before the court.
Who’s involved?
Georgina Wright is leading the prosecution case. Her task is to present the evidence of her witnesses to prove beyond any reasonable doubt that the allegations are true.
She will argue Jones either knew he did not have the consent of the young men when he allegedly engaged in the assaults or touching (evidence of which will presumably emerge from the testimonies of the complainants) or that he was recklessly indifferent to the issue of their consent.
Barrister Gabrielle Bashir leads the defence team. She will submit to the judge that there are no direct witnesses other than the accused person and the complainants, and so will argue the alleged events did not occur and the tales regarding them emerged simply out of the opportunism of the complainants.
Moreover, in cases such as these, defence counsel may also offer consent as a defence and call evidence from the accused to that effect. This means Jones could testify he honestly believed any complainants consented. As the age of consent in NSW is 16, this defence could extend to the complainant who was 17 years old at the time of Jones’ alleged offending.
Whether that defence emerges here (and whether the accused will indeed give evidence) is yet to be seen.
Judge Walsh has been told by counsel that he can expect to hear from more than 70 witnesses.
The trial is expected to last several weeks.
Rick Sarre does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
Original source: https://analysis1.mil-osi.com/2026/08/03/closed-court-no-jury-a-legal-expert-explains-whats-happening-with-alan-jones-trial/