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April 9, 2006 9:45pm by David Farrar

Dom Post on suppression orders

The Dom Post yesterday had a fairly long article about suppression orders. A few quotes from me and others.

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DPF

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David P

What I don’t understand is… How are we supposed to know what we’re not allowed to talk about, without the supression order putting the secret information in to the public domain or at least dropping a big hint? How are these supression orders worded?
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April 9, 2006 11:06pm
David Farrar

It is one of the ironies that one often doesn’t know for sure if what you think is in a supression order is actually there.
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April 9, 2006 11:15pm
David P

So how do you know that you haven’t violated the order already by, perhaps, blogging the names of the three accused, the victim, or the fact that they worked for the police?

I have problems with public discussion of a matter being illegal, but what that matter actually is being secret. How can ignorance of the law be no excuse when the “law” is secret?
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April 10, 2006 12:49am
David Farrar

By being careful to blog only facts which have been in the mainstream media, and are public.
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April 10, 2006 1:37am
Frit

I got the email forwarded to me (and to be fair, it made interesting and disturbing reading). I had a look down the thread and saw that it had been forwarded from a couple of govt department email accounts!

Not clever chaps.
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April 10, 2006 1:39am
gd

The government and the Judicary are both in denial if they cant see that the whole subject of supression orders needs to be debated.Its not good enough for them to keep up the Trust us we know what we are doing thing We are in a new age.What was acceptable in the 18th 18th and 20th centuries may not be acceptable now.Maybe its patronising to think that juries cant make sound decisions with all the info avialable to them.In the US they have a far more transperant system.Of course its questionable whether their jury decision making is better or worse than ours.But we need a debate Either wise we will see more and more unauthorised disclosure.And how does the Judge know if some or all of the jury already knows the info that is to be denied them.And why cant they be trusted to make a sound judgement.
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April 10, 2006 10:02am
ross

So, David, are you saying what’s contained in the flyers is not factual? The lawyers for Schollum and Shipton have not indicated that what’s in the flyers is libellous, so one must conclude it is factually correct. What’s that old saying about the truth setting us free…?
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April 10, 2006 10:47am
Graeme Edgeler

ross – I haven’t read the flyers myself, but I believe they include statements to the effect that the three former accused raped Louise Nicholas. Given the various acquittals I can see rather strong arguments that this might be defamatory.
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April 10, 2006 11:00am
ross

Graeme,

Well, the implication from the flyer is that Nicholas was probably raped by the accused. I guess the flyer is potentially defamatory but that is debatable because what’s contained in the flyer is apparently factually correct.

I agree with DPF, however, in that the law has been deliberately broken and alhough I have a lot of sympathy with these law-breakers, I believe they should be charged.
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April 10, 2006 11:52am
baxter

I’d like to shake the perpetrators hands. Secret trials and hushed up evidence, and selected partial releases of information have become the hallmark of our Justice system and its bloody disgraceful.
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April 10, 2006 4:21pm
Simian

This Suppression Order thing is just the tip of the iceberg and symptomatic of the corruption that is now endemic in little old Aotearoa-N.Z.

http://threesimians.blogspot.com/
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April 10, 2006 6:33pm

Charlotte Glennie »

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