Video reconstructed Sheffield killing

Noel Rogers

The man acquitted of murdering Katherine Sheffield says police violated his rights by giving Television New Zealand a video of him reconstructing her killing.

Noel Rogers walked free from the High Court at Auckland last Friday acquitted of the 1994 murder of Ms Sheffield, 23.

He is now trying to stop TVNZ's Sunday programme from screening the police video of him apparently confessing, which the jury who acquitted him never saw.

The tape was given to TVNZ in July last year by inquiry head Inspector Jim Taare, after police had taken Mr Rogers to Mangonui to film it that March.

The Court of Appeal ruled in October this year that the jury hearing Mr Rogers' case could not see the tape because when it was filmed police had not informed him of his right to silence or to a lawyer.

Seeking an injunction against TVNZ and for the tape to be destroyed, Mr Rogers' lawyer, Belinda Sellars, told the High Court yesterday that her client felt violated by the actions of the police and TVNZ.

An affidavit by Mr Taare claims TVNZ asked for the tape after it was filmed, then two weeks later convinced him to give it to them.

When the Appeal Court ruling was made he contacted TVNZ and said that in his opinion the tape could not be used, but was told TVNZ would seek legal advice.

Julian Miles, QC, acting as a friend of the court, said: "The police have put themselves in a position where they have lost control of an exhibit when they should never have been in such a position to have lost control."

Ms Sellars said airing the tape amounted to a breach of Mr Rogers' privacy and TVNZ was acting in contempt of court. Any publication would be "fraught with the threat of unfairness", with TVNZ showing a bias against Mr Rogers.

"Such high-handed conduct by a state broadcaster against a private individual should not be condoned," she said.

Mr Rogers had been subjected to intense scrutiny in the 22 months he spent in custody awaiting trial, and he suffered from depression, said Ms Sellars. He wanted to continue his life in the Far North community and any broadcast of the tape was likely to compromise that.

She said the Court of Appeal ruling should make it "as if the tape never was".

William Akel, for TVNZ, said Mr Rogers' privacy was not being breached because the tape's contents were already in the public domain, recognised in the Court of Appeal judgment.

He said the court wanted to keep the tape from the jury, not from the public, who were entitled to see all the evidence available to understand the police and judicial process.

Sunday would say in its programme that the tape was rendered inadmissible in court because police breached the rules.

The High Court ruled that the tape should be shown to the jury but the Court of Appeal overruled it, then Mr Rogers was acquitted, Mr Akel said.

"The public of New Zealand should be entitled to know the full story."

He said that if TVNZ did not present the story fairly, Mr Rogers could sue for defamation.

Justices Helen Winkelmann and Geoffrey Venning will give their decision next week.


The Sheffield story

* Katherine Sheffield was killed in 1994. Her boyfriend, Lawrence Lloyd, was initially found guilty of manslaughter.
* Lloyd spent seven years in prison until the Court of Appeal overturned his conviction
* Police then charged Lloyd's nephew, Noel Rogers, with murder after he confessed and reconstructed the killing in a video interview.
* The Court of Appeal ruled the video could not be used as evidence and Rogers was acquitted last Friday.