Mystery of TV3 and call to court

By JAMES GARDINER and NATASHA HARRIS

TV3 is refusing to explain a highly irregular communication apparently made from within the network to the High Court about the judge who heard the company's appeal over its "Corngate" interview.

Justice Ron Young this week dismissed TV3's appeal against a Broadcasting Standards Authority ruling that a news programme in July 2002 alleging the Government covered up the planting of genetically modified sweet corn was biased, unbalanced and unfair.

TV3 news and current affairs director Mark Jennings yesterday acknowledged there was concern that Justice Young had connections to the Labour Party in the 1980s as a supporter of the election campaign of a former Hamilton MP, the late Bill Dillon.

His widow Liz Dillon last night told the Herald Justice Young was a good friend of her husband through their partnership in a law firm.

"Ron has been a good friend to me over the years so I really don't want to be involved," she said.

Sources say a TV3 staff member tried to raise the judge's connections to the former MP either with the judge's assistant or with court staff, saying that TV3 would report it.

This prompted the judge to contact the lawyers involved in the appeal and ask in chambers if they wanted him to stand aside. None did.

When that version of events was put to Mr Jennings yesterday, he said: "Parts of it could be true."

He said he would ring back after talking to presenter John Campbell, but then said he was under instructions not to comment further.

Justice Young could not be reached. Attempts to contact Campbell to find out what he knew of events were unsuccessful.

Prime Minister Helen Clark's chief press secretary, Mike Munro, said last night that he understood a matter of that nature was referred to lawyers acting for the three parties in chambers.

"I cannot comment further because it was not raised in open court," he said.

Hugh Rennie, QC, who appeared for the Prime Minister in the matter, had no comment.

It is understood TV3 management is concerned at potential serious legal ramifications and are unhappy the telephone call was made.

Network owner CanWest's New Zealand chief executive, Brent Impey, said: "For legal reasons, I'm not prepared to make any comment."

On Tuesday, in a statement issued in response to the judge's decision, Mr Jennings said TV3 disagreed with the view that it should have disclosed its source and stood by its story.

Justice Young did find that TV3 was not given adequate opportunity to present its case on the aspect of balance to the authority and referred that back to the authority.

The pre-election special news item included an interview Campbell did with Helen Clark in which he refused to reveal the source of the allegations - a book by researcher Nicky Hager.

Helen Clark later labelled Campbell a "little creep" and laid a complaint with the BSA, which was upheld.