Thursday, July 2, 2009

R v John Campbell

From Granny:
Police want John Campbell and other Campbell Live journalists to reveal the identity of the man who confessed to the theft of the Waiouru Army Museum war medals on the TV show.
Discuss this quote in light of section 68 of the Evidence Act 2006 reproduced below. In your answer you are prohibited from referring to mad rantings from Bomber.

68 Protection of journalists’ sources

(1) If a journalist has promised an informant not to disclose the informant’s identity, neither the journalist nor his or her employer is compellable in a civil or criminal proceeding to answer any question or produce any document that would disclose the identity of the informant or enable that identity to be discovered.

(2) A Judge of the High Court may order that subsection (1) is not to apply if satisfied by a party to a civil or criminal proceeding that, having regard to the issues to be determined in that proceeding, the public interest in the disclosure of evidence of the identity of the informant outweighs—

(a) any likely adverse effect of the disclosure on the informant or any other person; and

(b) the public interest in the communication of facts and opinion to the public by the news media and, accordingly also, in the ability of the news media to access sources of facts.

(3) The Judge may make the order subject to any terms and conditions that the Judge thinks appropriate.

3 comments:

Psycho Milt said...

I get the feeling that the people who drafted that law didn't imagine a criminal confessing to a crime would be considered an 'informant' about said crime. There's no public interest in journalists being informed about a crime if they then protect the criminal from the consequences of that crime - it's directly against the public interest, in fact.

Adolf Fiinkensein said...

Like Milt said.

WAKE UP said...

Hmmm...not sure I agree.

The moment you chip away at immunity, it becomes murky, quirky, moot and unpredictable, and people who should come forward (not neccessarily crims) will not.

At least people know where it's at, the way it is now.