TV3 journalist told to hand over 'hitman' notes

A TV3 journalist has been ordered to hand over his notes and videotaped interviews with a "hitman" who was allegedly hired by a Royal Oak taxi driver to kill his wife and her lover.

The taxi driver, his wife, lover and the hitman all have their names suppressed.

The case was due to go to trial last October, with the accused facing charges of attempting to procure murder and threatening to kill his wife, his daughter and his wife's lover.

During a depositions hearing to decide if the taxi driver had a case to answer, it was discovered that 60 Minutes journalist Keith Slater had been speaking to the hitman, who alleged Mr Slater offered him a couple of days' holiday and a cellphone for his story.

Sanjay Patel, defence counsel for the taxi driver, has since been seeking the videotapes and notes from Mr Slater.

The High Court ruled in November that Mr Slater should present the tapes and notes.

TV3 and Mr Slater appealed to the Appeal Court but it has ruled it has no jurisdiction so the earlier ruling stands.

The High Court ruling given by Justice Rodney Hansen in November says Mr Slater approached the "hitman" seeking an interview during the first two days of the depositions hearing.

The man told the hearing Mr Slater had offered him a couple of days' holiday anywhere in New Zealand and had given him a cellphone to contact him at any time if he agreed to go on camera.

Justice Hansen said concern was expressed by the Crown and defence about the increasing practice of media approaching witnesses before trial and recording their accounts for later broadcast, sometimes offering inducements for their stories.

Mr Slater said in an affidavit the man was never offered a holiday or given an inducement for taking part in the interview.

He said that at a filmed interview at Mr Slater's house the man had expressed concern about being identified.

"The matter was discussed and disposed of on the basis that TV3 would help ameliorate the effect of his appearing on the programme by 'taking him out of the loop' for a few days," Justice Hansen said.

In opposing the application, TV3 and Mr Slater said that producing the information would be a breach of confidence between him and his confidant.

Any evidence he could give was unlikely to be relevant to the issues to be decided.

Mr Slater said that it was often necessary to interview witnesses in a court case before it finished in order to present the story when the issue was still current.

Justice Hansen said whenever media interviewed a witness before a trial it had to recognise the risk of fairness to the accused, who could force it to be disclosed.