French spies fight Rainbow Warrior ruling

The Court of Appeal was wrong to uphold Television New Zealand's (TVNZ) right to screen footage of French spies Alain Mafart and Dominique Prieur pleading guilty to manslaughter, their lawyer told the Supreme Court today.

Lawyer Gerard Curry is before New Zealand's highest court in the pair's third attempt to stop TVNZ accessing two videotapes of their 1985 district court committal hearing.

TVNZ initially sought access to the film, which has never been released, for its Sunday programme which screened a one-hour 20th anniversary special.

The Court of Appeal in August upheld a High Court ruling allowing TVNZ to inspect and copy two videotapes containing closed circuit television footage of Mafart and Prieur's committal hearing.

Mr Curry said today the Court of Appeal was wrong to uphold a High Court ruling in August because it did not have the jurisdiction to consider the matter. It was a civil issue involving administrative rules of the court, rather than a criminal matter.

However, TVNZ lawyer William Akel said it was a straight statutory interpretation and there was no issue of jurisdiction.

The Supreme Court adjourned to consider jurisdiction.

Mafart and Prieur helped bomb the Greenpeace ship Rainbow Warrior in Auckland Harbour on July 11, 1985, killing photographer Fernando Pereira.

The pair were sentenced to 10 years' jail for their part in the bombing. They were transferred to Hao Atoll in the Pacific in July 1986 and repatriated to France soon after.

- NZPA