Campbell agreed to give evidence to help 'weak' case

John Campbell did not give the name of the man he interviewed, but gave corroborating evidence. Photo / Supplied

TV3 presenter John Campbell agreed to give evidence about one of the Waiouru war medal burglars after earlier promising he would not identify him.

Both men have since pleaded guilty to the brazen heist but the case has raised questions about police attempts to force journalists to give evidence about confidential sources.

The Campbell show first caused controversy when a hooded actor was used to portray "Robert" on-screen, when in fact the supposed burglar had apologised for the medal heist in an off-camera interview.

Police eventually arrested the man, known as K, and another man, W, and went to the High Court to seek an order to compel the TV star and other Campbell Live staff to reveal the identity of Robert.

Naming the supposed thief would provide the "king hit" for an otherwise circumstantial police case against the two men accused of the burglary, Crown prosecutor Lance Rowe told the High Court at Auckland in June 2009.

Lawyers for TV3 opposed the police application as Campbell Live staff promised Robert they would keep his identity secret in order to secure the interview.

Media can be protected from revealing confidential informants but the right of a journalist to protect a source has to be balanced against the public interest. In initially opposing the police application, Julian Miles, QC, feared that forcing Campbell to expose "Robert" would have a "chilling effect" on anonymous sources who help the media as a public watchdog.

But Mr Rowe questioned whether the case of the Campbell Live interview, a confession to a serious crime, could be compared to a whistleblower coming forward to expose corruption. In this case, the prosecutor said public interest outweighed the journalistic privilege and all the relevant facts should be put before a jury.

Justice Tony Randerson agreed that the significance of the Campbell evidence, and public interest in a successful prosecution, outweighed a journalist's right to protect a source.

Without Campbell, Justice Randerson said the police case was "relatively weak" and indicated that he would rule that Campbell must give evidence. But before a final judgment was made, Campbell agreed to provide a "will say" statement to the Crown.

Campbell would not name Robert - keeping his journalistic pledge - but promised to give certain evidence that would corroborate other evidence the police had gathered. The details are still suppressed.

While Campbell would not break his pledge to not name his source, Justice Randerson said he was satisfied that Campbell's evidence combined with the other evidence gathered "does provide a sound basis to enable a jury to draw the inference that the person interviewed was K".

Campbell said he asked "Robert" to tell him something that only the burglar would know.

"We weren't able to use that, but it's a specific method that he said was particular to him and it would narrow the list of suspects," Campbell said on radio.

Both burglars have since pleaded guilty. Ronald van Wakeren, or W, pleaded guilty in September and was sentenced to 11 years in prison. K, who still has name suppression, pleaded guilty last week and will be sentenced in a fortnight.

MEDAL RECOVERY

* December 2, 2007: Waiouru Army Museum burgled and 96 medals stolen, including nine Victoria Crosses, worth an estimated $5.7 million.

* February 15, 2008: Medals were returned after deal brokered by barrister Chris Comeskey. A reward of $200,000 paid to thieves.

* February 21, 2008: TV3 broadcasts a John Campbell interview with one of the burglars, a hooded actor referred to as "Robert".

* October 15, 2008: Two men arrested, known as K and W.

* June 30, 2009: High Court hearing to determine whether TV3 staff have to give evidence to identify "Robert" in trial. John Campbell refuses to identify him but later agrees to confirm other evidence.

* September 10, 2009: Ronald van Wakeren, or W pleads guilty to stealing the medals. Sentenced to 11 years in prison.

* August 2010: K also pleads guilty. To be sentenced this month.