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Oops?

By Steven | June 7, 2009

Did this Saturday’s NZ Herald, in publishing the information suppressed in the Bain trial, overlook the fact that the Supreme Court had recalled its judgment last month to make it clear that the publication restriction continued until further order of the court?

The story doesn’t seem to be on the Herald’s website any more.

The recall was probably to guard against the possibility that Bain may have been found guilty, and successfully appealed, so that there may have been yet another trial. So there may well not have been much harm done.

[PS. I see that three Court of Appeal decisions on the Bain case, from 31 October 2008, 24 December 2008 and 20 January 2009  have been posted on the Courts of NZ website…]

[PPS. It seems that the NZ Herald was breaching a suppression order in running that story (though the suppression order has now been rescinded), but the Supreme Court had nothing to do with this one. It’s evidence that was suppressed by the Court of Appeal and not appealed. As I understand it, it wasn’t suppressed for a time, then as the verdict loomed, the suppression order was put in place in case Bain lost and wanted to appeal, but the NZ Herald wasn’t notified.]

Topics: Suppression orders | Comments Off on Oops?