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Home / New Zealand

Not guilty, Mallard tells court in private assault case

By Paula Oliver
3 Dec, 2007 04:00 PM3 mins to read

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Trevor Mallard and press secretary Astrid Smeele are pursued by media after the hearing. Photo / Mark Mitchell

Trevor Mallard and press secretary Astrid Smeele are pursued by media after the hearing. Photo / Mark Mitchell

KEY POINTS:

An expressionless Trevor Mallard stood in a court dock to plead not guilty to assault yesterday, as Prime Minister Helen Clark questioned the vulnerability of high-profile people to private prosecutions.

Flanked by a police officer, Mr Mallard made a short appearance in the Wellington District Court to face the charge brought by Wellington accountant Graham McCready.

The long-time Labour MP looked uncomfortable as TV cameras and newspaper photographers focused on him, but he listened carefully to the legal arguments and left quickly when the hearing was over.

The assault charge relates to a scuffle between Mr Mallard and National MP Tau Henare in a lobby adjacent to Parliament's debating chamber in late October.

Mr Mallard has been open about the fact that a scuffle took place and has publicly expressed remorse, while Mr Henare has also talked about the incident and said he views the matter as over. But yesterday Mr Mallard's lawyer Robert Lithgow, QC, said the senior Cabinet Minister was pleading not guilty to the assault charge.

Judge Thomas Broadmore remanded Mr Mallard at large until December 18 when a status hearing for the case will be held.

Outside Mr Mallard walked quickly from the court building and said he had no comment other than that "there is a process to follow".

The court appearance and images of Mr Mallard in the dock are less than ideal for Labour, which has been keen to look refreshed and rejuvenated as it heads into next year's election.

Mr Mallard's spat with Mr Henare was a distraction when the Prime Minister announced her eagerly anticipated Cabinet reshuffle in late October, in which she demoted her colleague from the front bench and stripped him of his favourite portfolios. However, Mr Mallard was given several important portfolios as replacements, leading some critics to accuse Helen Clark of promoting him rather than punishing him.

Yesterday she stood behind Mr Mallard and appeared to raise a question about the appropriateness of some private prosecutions.

Asked if she was suggesting a law change in the area, Helen Clark said she understood the Law Commission had looked at the issue several years ago but it had proved to be complex.

"There's nothing under consideration, and nothing planned," she said.

"But the point I was making was that if we are entering a more litigious age, then anybody in public life, from a media figure to fashion designer to politician, a high profile person is vulnerable to such action."

Asked if she felt the prosecution of Mr Mallard was frivolous, she said she did not wish to comment because it was before the court.

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