Newspaper 'checked with PM five times'

Prime Minister Helen Clark spoke five times to a newspaper before it published a story which former Police Commissioner Peter Doone says ended his career.

The conversations five years ago between Helen Clark, a reporter and the then-editor of the Sunday Star- Times are at the heart of a scandal which has seen the Prime Minister accused by Opposition parties of knifing one of her top public servants in the back.

Documents released yesterday by the High Court at Wellington show lawyers for the Sunday Star-Times also intended to call Helen Clark as a witness in the defamation suit taken against them by Mr Doone and his wife, Robyn.

It is highly unusual for a news organisation to force a confidential source out into the open.

The case arose from an incident in 1999, when the pair, driving in a car with no lights, were stopped by a junior police officer.

Just weeks later, the newspaper ran a story alleging Mr Doone told the officer that a breath test would not be "necessary". The newspaper later apologised and accepted the comment was not made.

On Wednesday, the Doones dropped their legal action against the newspaper and announced plans to sue Helen Clark instead. The Doones are yet to file proceedings.

In new paperwork released by the court yesterday, written submissions for the Sunday Star-Times publisher Fairfax New Zealand asked what actions the Doones were planning against Helen Clark.

They say the Prime Minister did not publish anything. "The information was checked with her on five occasions. There were other 'sources'."

Fairfax lawyers were objecting to an application by the Doones to delay this week's scheduled court action, potentially so they could include Helen Clark in it.

"They have delayed on many occasions and now we [Fairfax] are ready to start they identify an issue which has been blatantly obvious from the start."

Fairfax has since told the High Court Helen Clark was not the principal source of the phrase, but had been part of the verification process before publication.

The newspaper also subpoenaed Attorney-General Margaret Wilson to give evidence. She objected and it was later dropped, it is understood after the Prime Minister agreed to give evidence in the case.

Fairfax said in documents dated April 19 it expected to call Helen Clark after she returned from her trip this week to Gallipoli, or to give evidence separately at a later date.

Mr and Mrs Doone had not identified a sum they would be seeking from the newspaper for damages, although one figure of $850,000 is listed as special damages being sought.

Fairfax lawyer Peter McKnight said the publishers would be vigorously pursuing costs from the Doones. These are rumoured to be more than $100,000.

Mr McKnight defended the naming of Helen Clark in the court case, saying she was not a source for the story and therefore it was not unethical to name her. He described her role as being part of the story's "verification process".

Former Attorney-General Sir Douglas Graham said the question of whether Helen Clark had done anything wrong was subjective.

"I don't think there is any law about it.

"Some people would say it is totally appropriate to respond to a request from the media and others would say it might have been more prudent to have said nothing. I don't think there is a right or wrong."

But political pressure continued to build on Helen Clark yesterday over her handling of the Doone affair.

National Party leader Don Brash questioned the ethics of her behaviour and Act leader Rodney Hide described her treatment of Mr Doone as dishonest and underhand.

THE STORY SO FAR

November 1999: Robyn Johnstone (now Mrs Doone) and Peter Doone, Police Commissioner at the time, were stopped by police while driving at night with no lights on.

Ms Johnstone, who was driving, was not breath-tested by a junior police constable after a conversation between the officer and Mr Doone.

January 2000: The Sunday Star-Times runs a story alleging Mr Doone told the constable "That won't be necessary", in relation to the breath test. The paper later apologised and said it accepted the comment was not made.

Prime Minister Helen Clark is said to have confirmed to the newspaper that Mr Doone said the four words. The controversy saw Mr Doone forced from his $275,000-a-year job.