McCully wins
The Court of Appeal has ruled in favour of Murray McCully, over-turning Justice Wild’s ruling that media, but not MPs, could access the court file of the case against Chris Carter. Some quotes:
“…we think that in this instance, the High Court judge was plainly wrong.”
Mr McCully has both a genuine and proper interest in this Court file. His interest is not frivolous or vexatious or merely prurient. He has a real interest, and it is solidly based in the sense that Mr McCully wishes to inform himself (by access to the Court record) as to the nature and basis of the decision made by the Minister, and the basis on which it is said to rest, in the High Court papers. We consider that his “standing” is clear. It is distinctly arguable that he has a greater interest than other citizens, as a Member of this country’s Parliament, to keep himself fully and properly informed, and he has significant public responsibility as the Opposition Spokesperson on Conservation.
August 11th, 2006 at 5:33 pm
*waits for inevitable post from barclay about McCully being a “nasty piece of work” who “ran a campaign against the learned Judge”*
August 11th, 2006 at 5:33 pm
*waits for inevitable post from barclay about McCully being a “nasty piece of work” who “ran a campaign against the learned Judge”*
August 11th, 2006 at 5:35 pm
Good result. Maintaining a sensible and respectful separation of powers is a difficult task. In this case, I think the High Court erred but thankfully the Appeal was successful.
August 11th, 2006 at 5:42 pm
May the force be with him.
August 11th, 2006 at 7:27 pm
McCully got his remedy in the Court of Appeal. There was no need to conduct the personal campaign he did against the learned Judge. Hence my comment and I stand by it.
August 12th, 2006 at 12:57 am
Perhaps if the so called ” learned judge” was a bit more learned he may have made a different decision that would not have needed to be appealed.
August 12th, 2006 at 12:59 am
Perhaps if the so called ” learned judge” was a bit more learned he may have made a different decision that would not have needed to be appealed.
August 12th, 2006 at 10:13 am
sorry tim, you got what you deserved. NZ has a long history of really crap district court judges. Sometimes the buggers need to be made accountable for their stupidity.
Personally I loathe McCully too – mostly because he is a nasty and not terribly competent piece of work with an opinion of himself not justified by any known facts, but in this case he deserved his win.
August 12th, 2006 at 10:14 am
sorry tim, you got what you deserved. NZ has a long history of really crap district court judges. Sometimes the buggers need to be made accountable for their stupidity.
Personally I loathe McCully too – mostly because he is a nasty and not terribly competent piece of work with an opinion of himself not justified by any known facts, but in this case he deserved his win.
August 12th, 2006 at 10:16 am
Hey David, your comments system is odd, it is giving 500 error messages but the comment is being loaded – hence the double post above.
August 12th, 2006 at 2:00 pm
In this case it involved a High Court Judge the calibre of which is a credit to NZ and its lawyers. We are very well served. And if you do not like a decision you can appeal it, just like McCully did but without all the personal remarks which he knew the judge could not answer back. He does not have the soundness of character to occupy a very high position in Government.
August 12th, 2006 at 3:34 pm
I didn’t know there was a case against Chris Carter. Would someone mind telling me what this is about?
August 12th, 2006 at 3:35 pm
I didn’t know there was a case against Chris Carter. Would someone mind telling me what this is about?
August 12th, 2006 at 3:50 pm
Tim:
With all due respect, if Justice Wild is making decisions based on personal animus against anyone (and I’m not saying he did) he’s hard exhibiting the good character required of the judiciary. And while you don’t like Murray McCully, I’d note that he actually has to submit himself to the will of the electorate every three years. I’d also like to see some sections of the judiciary being a damn sight less precious about criticism.
August 12th, 2006 at 5:54 pm
The judiciary cannot and do not answer back. It is like striking a woman. You have your remedy in the Appeal process which McCully did wth a successful result. If you do not like a decision then you can criticise that decision in a higher Court. But there is no place for personal abuse both outside the Court and in it. McCully should know that which is why I say he is not fit for high office. Is he going to conduct a personal abuse campaign in the foreign affairs field. I said before and I say again he is a nasty piece of work.
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