Why we are BANNED from identifying ex-footballer’s son, 22, accused of murdering mum-of-three Samantha Murphy after judge’s stunning decision

The identity of the son of an ex-footballer charged with the alleged murder of missing mother-of-three Samantha Murphy is being kept from the public by the Victorian justice system.

In a slap in the face to Ms Murphy’s long-suffering family, Daily Mail Australia has been banned from revealing the name of her alleged killer after his lawyer successfully applied for a court-ordered silence order.

The 22-year-old man from Scotsburn, about 18km east of Ms Murphy’s home in Ballarat, appeared in the Ballarat Magistrates’ Court on Thursday afternoon.

The court, represented by lawyer David Tamanika, heard that the alleged killer’s name should be withheld from the public despite it having been widely reported in the hours before the hearing.

Mr Tamanika told Magistrate Michelle Mykytowycz that he was very concerned for his client’s safety due to his age and the enormous publicity in the case.

He told the magistrate his client had never been to prison before and was at risk of harming himself while awaiting his next court appearance.

The court heard that the man, who was dressed in a bright orange worker’s vest, was made to “not prejudice the administration of justice” for his client as he had only been arrested a day earlier.

Mr Tamanika said his client faced “significant mental health issues” behind bars, which would be exacerbated if his identity were revealed to the general public.

He asked for the order to be issued nationwide, stressing that the story of Ms Murphy’s disappearance had made headlines around the world.

While a Victoria Police prosecutor refused to be heard on the application, a dozen media organizations opposed the granting of the order, arguing that ‘the horse had already bolted’.

At the time of the hearing late Thursday afternoon, the man’s name and image had appeared on news websites and television broadcasts for hours.

Mrs Murphy’s husband spoke to the media outside the family home on Thursday afternoon

However, Magistrate Mykytowycz rejected these arguments and stated that she would impose a temporary silence order which she would not have contested until April 12.

“That, in my opinion, should not be a good basis to rule out a suppression order,” she said.

In issuing the order, the magistrate disregarded the public interest in the case and ordinary rights to a public hearing, rejecting the suspect’s right to justice.

“The defense has the right to a fair trial,” she said.

It is understood that media organizations are already challenging the suppression order in the hope of bringing the case to court as early as Friday.

The 22-year-old man was charged on Thursday, just over four weeks after Ms Murphy disappeared during a morning walk in Ballarat, in Victoria’s Central Highlands.

Victoria Police Chief Constable Shane Patton said police will allege Ms Murphy was murdered at Mount Clear on the day she disappeared.

He said the suspect was not known to the family and they are not looking for anyone else in connection with her disappearance.

Commissioner Patton said the suspect has not disclosed the whereabouts of her body and that investigators would do “everything” to find her to provide her family with closure.

“Anyone learning that a loved one has been murdered is tragic,” he told reporters on Thursday.

“Doing everything we can to find Samantha’s body is of vital importance to the family.”

Commissioner Patton said police would allege it was a “deliberate” attack, but he would not provide further details about the circumstances as the matter is before the courts.

However, he confirmed that police would not allege Ms Murphy had died in a collision.