Jacintha case: Aus court rejects FM station's plea to stop ACMA probe

The radio station argued that ACMA was acting as "policeman, prosecutor, judge, jury, prison warden and parole officer" when it delivered a preliminary finding in June.

ACMA denied the 2DAy FM claims and stressed that it had operated within its powers and the preliminary report issued in June was not a final ruling.

Upholding the ACMA's argument, Edmonds dismissed 2Day FM's plea and ordered it to pay the watchdog's legal costs.

"Whatever the means, or combination of means, of reasoning employed by the ACMA, and whether the opinion is favourable or adverse to the licensee on the point, it does not amount to the ACMA making a judgement to the licensee's criminal guilt, still less determining an appropriate punishment for criminal guilt," Edmonds said.