Steven Price

My book

Media Minefield


Guide to NZ Media Law

Official Information Act

Official Information Act


Bill of Rights Act

Media law resources

Feeds (RSS)


« | Main | »

Contemptuous cuppa?

By Steven | November 18, 2011

Is it a contempt of court to discuss cuppagate now that it’s heading to court? John Banks and Steven Joyce seem to be suggesting that now that the issue is heading to court they are somehow precluded from commenting.

Wrong. It can be a contempt to cause prejudice to an upcoming trial – especially a criminal trial, and most especially a criminal jury trial – by supporting one side, criticising a witness, revealing previous convictions, evaluating the evidence, etc. But this doesn’t come near that. In particular, there’s nothing in the law of contempt to stop Banks and Key from talking about what they said in the conversation, or answering questions about what they think of Brash’s leadership or elderly voters.

If the politicians┬áreally want to be scrupulous about it, they probably shouldn’t talk about how they regard the conversation as private – since that’s the very issue for the court to determine. But even on that point, it’s mostly a legal question, and it’s for a judge alone – not a jury –┬áto rule on (or not) in the declaration application.

Topics: Contempt of Court | 7 Comments »

7 Responses to “Contemptuous cuppa?”

  1. maheesha Says:
    November 22nd, 2011 at 8:54 am

    Would the risk of contempt be any less or nullified if the comments were said so far in advance of a jury trial (say 10 months) that any juror would be unlikely to remember what was said.

  2. Steven Says:
    November 22nd, 2011 at 9:24 am

    Um. My point is that there’s no risk of contempt here. But in general, the Court of Appeal has said that if a publication is 6-8 months or more before any trial, and is not otherwise particularly memorable, then it is likely that jurors will forget it and so no risk of prejudice is created.

  3. best hotels for vacation in dominican republic Says:
    October 22nd, 2017 at 11:22 am

    … [Trackback]

    […] Find More on|Find More|Read More Informations here|Here you can find 64315 more Informations|Informations on that Topic: medialawjournal.co.nz/?p=522 […]

  4. see this Says:
    November 25th, 2017 at 2:27 pm

    … [Trackback]

    […] Find More on|Find More|Read More Informations here|Here you will find 72949 more Informations|Infos on that Topic: medialawjournal.co.nz/?p=522 […]

  5. he said Says:
    November 28th, 2017 at 1:11 am

    … [Trackback]

    […] Find More on|Find More|Find More Infos here|There you will find 88199 more Infos|Infos on that Topic: medialawjournal.co.nz/?p=522 […]

  6. pendaftaran cpns 2018-2019 lulusan sma online Says:
    December 1st, 2017 at 5:22 pm

    … [Trackback]

    […] Read More on|Read More|Find More Infos here|There you will find 94245 more Infos|Infos on that Topic: medialawjournal.co.nz/?p=522 […]

  7. iraq Seo Says:
    December 8th, 2017 at 1:10 pm

    … [Trackback]

    […] Read More here|Read More|Find More Infos here|There you will find 94291 additional Infos|Infos on that Topic: medialawjournal.co.nz/?p=522 […]

Comments

You must be logged in to post a comment.