Post by Lux on Apr 10, 2008 20:06:37 GMT 12
By REBECCA PALMER - The Dominion Post | Thursday, 10 April 2008
The solicitor-general is prosecuting The Dominion Post's owner and editor for publishing conversations secretly recorded by police during terror investigations.
David Collins, QC, has confirmed he is taking contempt proceedings against editor Tim Pankhurst, along with Fairfax New Zealand. Papers were filed in the High Court at Wellington on Monday and served on Fairfax lawyers yesterday.
The proceedings relate to articles published in The Dominion Post and several other Fairfax publications on November 14 last year.
The articles published details of conversations recorded during surveillance by police who were investigating suspected terrorism activity in the Ureweras.
The police operation finished on October 15, when 16 people were arrested. They were charged with arms offences. Police also wanted to lay charges under the Terrorism Suppression Act.
But on November 8, Dr Collins announced he would not allow the terrorism charges to be laid. That meant the conversations intercepted by police would be inadmissible at the trial of those facing arms charges.
In his contempt application against Fairfax and Pankhurst, Dr Collins claims the publication of the intercepted communications could compromise the ability of the defendants to receive a fair trial.
"The articles were sensational in tone and highly memorable. The fact of the publications themselves became national news."
The decision not to attribute comments to individual defendants had the effect of attributing them equally to all of those charged, it is alleged. Contempt of court is an offence with no set maximum penalty.
Jail is a possibility, but only if it is sought by the solicitor-general. In this case, jail is not being sought and only Fairfax could face a fine. Dr Collins has not applied to have Pankhurst fined.
Fairfax New Zealand's group executive editor, Paul Thompson, said the company was seeking legal advice and would not comment.
Pankhurst also would not comment.
The proceedings will be mentioned in the High Court at Wellington in May.
Canterbury University media law associate professor Ursula Cheer said the decision to pursue contempt proceedings against an editor was unusual but the solicitor-general was quite entitled to bring the charge. "That has been the accepted position in the UK."
The solicitor-general is prosecuting The Dominion Post's owner and editor for publishing conversations secretly recorded by police during terror investigations.
David Collins, QC, has confirmed he is taking contempt proceedings against editor Tim Pankhurst, along with Fairfax New Zealand. Papers were filed in the High Court at Wellington on Monday and served on Fairfax lawyers yesterday.
The proceedings relate to articles published in The Dominion Post and several other Fairfax publications on November 14 last year.
The articles published details of conversations recorded during surveillance by police who were investigating suspected terrorism activity in the Ureweras.
The police operation finished on October 15, when 16 people were arrested. They were charged with arms offences. Police also wanted to lay charges under the Terrorism Suppression Act.
But on November 8, Dr Collins announced he would not allow the terrorism charges to be laid. That meant the conversations intercepted by police would be inadmissible at the trial of those facing arms charges.
In his contempt application against Fairfax and Pankhurst, Dr Collins claims the publication of the intercepted communications could compromise the ability of the defendants to receive a fair trial.
"The articles were sensational in tone and highly memorable. The fact of the publications themselves became national news."
The decision not to attribute comments to individual defendants had the effect of attributing them equally to all of those charged, it is alleged. Contempt of court is an offence with no set maximum penalty.
Jail is a possibility, but only if it is sought by the solicitor-general. In this case, jail is not being sought and only Fairfax could face a fine. Dr Collins has not applied to have Pankhurst fined.
Fairfax New Zealand's group executive editor, Paul Thompson, said the company was seeking legal advice and would not comment.
Pankhurst also would not comment.
The proceedings will be mentioned in the High Court at Wellington in May.
Canterbury University media law associate professor Ursula Cheer said the decision to pursue contempt proceedings against an editor was unusual but the solicitor-general was quite entitled to bring the charge. "That has been the accepted position in the UK."
