I haven’t always agreed with Herald Journalist David Fisher and we don’t get along, but his stance over telling Crown Law to go screw themselves over their fascist demand that he, as a journalist, hand over any information he has from his Kim Dotcom interviews is righteous, courageous and shows what real Journalists do…
Reporter refuses Crown Law call for Dotcom notes
Herald journalist David Fisher has refused to release documents related to Kim Dotcom after a request by Crown Law, which is defending police and the Government’s spy agency against a $6 million compensation claim by the internet entrepreneur.
…this bizarre attempt to bully a journalist into providing information is driven by fear from the Crown. The 5 hour golf game between Key & Obama wasn’t just for kicks. I imagine Obama explaining to Key what the NSA feared Snowden would be releasing right about the time Dotcom’s case begins against him in March and the scramble against Fisher is a symptom of how terrified the Crown is at that prospect.
Throughout his book about Dotcom, Kim tells Fisher he has a ‘nuke’ aimed at Key, I think those on the left who have been such vicious critics last week of Dotcom’s political aspirations will be singing a very different tune come March.
I read the Twitter exchange between David Fisher and “Cactus” Kate on whether the Crown letter constituted a threat.
Kate insisted it wasn’t a threat.
I read the letter. (https://twitter.com/DFisherJourno/status/426146003935186944/photo/1)The very last sentence was a threat; subtle, polite, oh-so legal – but still a threat.
I hope Kate never sent David an invoice for her legal “advice”.
Of course it was a threat, I can’t see how anyone would have thought otherwise.
“please note that if you are unwilling to provide us with the material or access it we reserve our clients right to make an application for an order requiring you to make non-party discovery of this material under High Court Rule 8.21”
It seems that according to the Evidence Act 2006 the law is on David Fisher’s side:
http://www.legislation.govt.nz/act/public/2006/0069/latest/DLM393681.html
Section 68 states:
“68 Protection of journalists’ sources
(1) If a journalist has promised an informant not to disclose the informant’s identity, neither the journalist nor his or her employer is compellable in a civil or criminal proceeding to answer any question or produce any document that would disclose the identity of the informant or enable that identity to be discovered.
(2) A Judge of the High Court may order that subsection (1) is not to apply if satisfied by a party to a civil or criminal proceeding that, having regard to the issues to be determined in that proceeding, the public interest in the disclosure of evidence of the identity of the informant outweighs—
(a) any likely adverse effect of the disclosure on the informant or any other person; and
(b) the public interest in the communication of facts and opinion to the public by the news media and, accordingly also, in the ability of the news media to access sources of facts.”
Crown Law will have to first convince a judge to make an order under subsection (2).
I am not quite sure whether it is bullying, but it is certainly sheer arrogance, to expect Fisher to comply with their request. But they must first convince a High Court judge, and serious consideration will need to be given to public interest and so (see above).
We can be sure that David Fisher or his employer (APN) can afford a good lawyer, which most “ordinary” citizens would not be able to. I am not surprised by these developments.
This will be interesting to follow.
P.S.: Perhaps also of some relevance:
http://www.nzlawyermagazine.co.nz/Archives/Issue66/F2/tabid/299/Default.aspx
I’m sure I’m too small fry to be one of those who Martyn is referring to when he talks about “vicious critics of the left on KDC’s political aspirations” but i still think he will bleed votes from the left to the advantage of National. I hope he reveals some good stuff in the court case but PM John Key has already shown he can break the law with impunity when it comes to spying and unless he was shown to have committed some act that the judiciary has absolutely no choice but to prosecute him for he will carry on his merry way as before with the 40 percenters still behind him. The best chance to get rid of the PM is throug the ballot box and KDC’s party will not help here. Non-voters are not going to get out and vote for Kim and Nat voters are staunch about Key. That just leaves Labour and Green voters.
We dont need John key
We dont need the TPP
We dont need to be the 51st state of America
We dont need a corrupt police state
We need a revolution!
John Key has created his Stasi Network whereby he utilises his cronies in the Crown Law Office, the police and other agencies to put pressure on his opponents. After all he appointed his childhood friend to run the GCSB. He is starting to make Putin look like an amateur.
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