Campbell and TV3 staff argue against court summons

John Campbell and four fellow TV3 journalists are fighting efforts to have them summonsed to appear in court. Photo / Herald on Sunday

Lawyers for John Campbell and four other TV3 staff today argued in court they should not be summonsed as witnesses in a possible trial of two men charged with stealing bravery medals from the Waiouru Army Museum.

Police want the High Court to compel Campbell and fellow journalists Ingrid Leary, Carol Hirschfeld, Hannah Story and Zoe Duffy to reveal the identity of an informant they interviewed in February 2008, around the time that 96 medals stolen from the museum in December 2007 were returned.

The interview, in which an informant confessed to being involved in the burglary, was subsequently re-shot and broadcast with an actor delivering the lines.

Today's hearing before chief high court judge Tony Randerson debated the application of a law which means journalists do not have to reveal their sources, unless there was a clear public interest.

Lawyer Julian Miles, who represented all five of TV3 staff, said the law meant journalists should not have to reveal sources unless the circumstances were exceptional, and he didn't think they were in this case.

Journalists had an important public watchdog role and that included talking to people who had important information to reveal but who would feel compromised if their identity was revealed, he said.

Forcing the TV3 staff to testify would have a chilling effect, stopping people in such cases in future coming forward with important information, Mr Miles said.

As a fallback position, Mr Miles said the testimony was not necessary as prosecutors already had enough information to put the accused before a court.

"If the Crown already has a case it thinks is good enough to put before a jury, it doesn't need this top-up."

Mr Miles rejected suggestions the law was more to protect whistleblowers who went to media rather than people who may be admitting to a crime, saying the right to protect sources should only be overturned in extremely serious cases.

But police lawyer Lance Rowe disagreed, saying the law was put in place to protect whistleblowers more than any other groups.

"This is not a case where the media is carrying out the function of being public watchdog, which is reason we have this protection in the first place," he said.

"What is it exactly that's being protected here?"

Mr Rowe said that the revealing of the identity of the person TV3 interviewed could play a major part in the prosecution and was therefore in the public interest.

He said that under the law journalists could never promise absolute confidentiality to a source "unless they're also promising to go to prison for contempt of court".

Mr Miles said TV3 was prepared to hand over transcripts of both the original interview with the informant and of the "interview" with the actor that was eventually broadcast.

Justice Randerson reserved his decision.

Several suppression orders relating to the accused and to evidential matters were also made.

- NZPA