14 November 2007
Crown Law Office should act on terrorism raid reporting
Green Party MP Keith Locke has called on the Crown Law Office to take action against the Dominion-Post over its decision
to publish excerpts from police affidavits on the 'terrorism' raids.
"The Crown Law Office warned TV3 last week that it could face contempt of court charges if it published the Police
information it held on the terrorism raids. Despite that warning, the Dominion-Post has gone ahead and published
excerpts from a Police affidavit. By doing so, it has jeopardized the rights to a fair trial of all of those who will be
facing arms charges in connection with these raids.
"All 16 people facing charges have now been smeared by these unattributed snippets, that they will not be able to
contest in court because the surveillance evidence will not be admissible. There can hardly now be a prospective juror
in the country who will not have been exposed to this prejudicial information.
"The rules on disclosure exist for good reason, to protect the right to a fair trial. It is not for a media organization
to decide when it will respect those rules - as it did when it withheld information it had about the accused in the
Louise Nicholas case - and when it will decide to flout them.
"Crown Law cannot be seen to condone trial by media in this, or any other case.
"There is considerable public interest in this whole affair, and more information can justifably be released after the
trials. The Greens have been pushing for an independent inquiry into Operation 8, its effects on the community, and
whether the Police did overreach their legal mandate. The release of further information in the context of such an
inquiry would be the most appropriate thing to do.
"By and large, the media do observe the rules. Most of the time, the media accept the fact that not everything that is
interesting to the public, is also in the public interest to be released - especially when this is done without regard
for the impact on any related court proceedings.
"The failure by the media this time to respect the rights of the people accused to a fair trial is a sign of the
hysteria being generated around these raids - but the actions of the Dominion-Post cannot be condoned, or be allowed to
set a precedent," Mr Locke says.
ENDS