<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: No more comments during trials</title>
	<atom:link href="http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html/feed" rel="self" type="application/rss+xml" />
	<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html</link>
	<description>DPF&#039;s Kiwiblog - Fomenting Happy Mischief since 2003</description>
	<lastBuildDate>Mon, 13 Feb 2012 21:58:58 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.1</generator>
	<item>
		<title>By: Glutaemus Maximus</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-583213</link>
		<dc:creator>Glutaemus Maximus</dc:creator>
		<pubDate>Mon, 13 Jul 2009 17:05:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-583213</guid>
		<description>Will somebody remind me again who pays the wages of the SG officers, Courts, and CPS?

They should respect the hand that feeds them. And I mean respect. If they want to be clear about having no leakage at all, then it should all be held in Camra.

Secrecy and Justice, and enathema to the basic tenent of law. 

&quot;Justice should not only be done, but should also be seen to be done&quot;

They are grabbing at straws here, blaming the blogosphere. What utter crap.

And this from the offices that chose to ignore all the evidence about the Dark, and malignant evidence of misdeeds by Winston Peters, and complicit with Labour Hierarchy.

Think that the SG offices should be professional and just STFU. Your opinion is not welcome here in freedomland.</description>
		<content:encoded><![CDATA[<p>Will somebody remind me again who pays the wages of the SG officers, Courts, and CPS?</p>
<p>They should respect the hand that feeds them. And I mean respect. If they want to be clear about having no leakage at all, then it should all be held in Camra.</p>
<p>Secrecy and Justice, and enathema to the basic tenent of law. </p>
<p>&#8220;Justice should not only be done, but should also be seen to be done&#8221;</p>
<p>They are grabbing at straws here, blaming the blogosphere. What utter crap.</p>
<p>And this from the offices that chose to ignore all the evidence about the Dark, and malignant evidence of misdeeds by Winston Peters, and complicit with Labour Hierarchy.</p>
<p>Think that the SG offices should be professional and just STFU. Your opinion is not welcome here in freedomland.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: tallpoppybasher</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-583208</link>
		<dc:creator>tallpoppybasher</dc:creator>
		<pubDate>Mon, 13 Jul 2009 11:40:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-583208</guid>
		<description>what nonsense , if they dont want people to have an opinion then stop broadcasting from the court, the networks are in their hanging on all the details especially the accuseds own defense, titilation like 1950s tabloid murder trials in the UK and True Crime magazine ,</description>
		<content:encoded><![CDATA[<p>what nonsense , if they dont want people to have an opinion then stop broadcasting from the court, the networks are in their hanging on all the details especially the accuseds own defense, titilation like 1950s tabloid murder trials in the UK and True Crime magazine ,</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: kaya</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-583202</link>
		<dc:creator>kaya</dc:creator>
		<pubDate>Mon, 13 Jul 2009 10:43:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-583202</guid>
		<description>DPF - &quot;perhaps a useful initiative would be the creation of a plain English guide for bloggers etc on what they can and can not comment on in terms of criminal justice issues.&quot;

It&#039;s a sad day when we even have to consider something like that, it sounds like the minutes of a meeting from the PRC Communist Party annual conference when they allowed Google into the country for the first time. I understand your dilemma though. 
Unless the jury is sequestered for the duration of the trial there is not a chance they will not hear some viewpoints on the trial at hand. What a crock of elitist bollocks from the SG and the legal profession who agree with it.
In disputed cases it has merit though even then it will not stop people from discussing it at work, bbq or when out socially. The blogosphere is just an extension of these areas. There was nothing said about this case that could remotely effect the outcome, it is a pretty rare type. If enough of us ignore the fools amongst our politicians, judiciary and so called &quot;leaders&quot; there is fuck all they can do about it. Bring it on.</description>
		<content:encoded><![CDATA[<p>DPF &#8211; &#8220;perhaps a useful initiative would be the creation of a plain English guide for bloggers etc on what they can and can not comment on in terms of criminal justice issues.&#8221;</p>
<p>It&#8217;s a sad day when we even have to consider something like that, it sounds like the minutes of a meeting from the PRC Communist Party annual conference when they allowed Google into the country for the first time. I understand your dilemma though.<br />
Unless the jury is sequestered for the duration of the trial there is not a chance they will not hear some viewpoints on the trial at hand. What a crock of elitist bollocks from the SG and the legal profession who agree with it.<br />
In disputed cases it has merit though even then it will not stop people from discussing it at work, bbq or when out socially. The blogosphere is just an extension of these areas. There was nothing said about this case that could remotely effect the outcome, it is a pretty rare type. If enough of us ignore the fools amongst our politicians, judiciary and so called &#8220;leaders&#8221; there is fuck all they can do about it. Bring it on.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Brian Marshall</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-583171</link>
		<dc:creator>Brian Marshall</dc:creator>
		<pubDate>Mon, 13 Jul 2009 08:32:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-583171</guid>
		<description>David, I don&#039;t know if you were listening to National radio this arvo, but the show is a lot worse when you&#039;re not a guest.
They had Martin &quot;bomber&quot; Bradbury thinking that you should have been proscuted for your blog, so it could be made an example of regarding all this.
I quite often enjoy listening to intelligent reasoned debate on that show, but I really want to throw up when I hear that sniviling left wing dip shit is a guest.  He adds nothing to the debate and I am pretty close to complaining about him to nataional radio but don&#039;t fancy they&#039;ll do anything as they seem to love left wing apologists.
Anyway enough of my ranting, I doubt I&#039;m the first to say anything to you about it.</description>
		<content:encoded><![CDATA[<p>David, I don&#8217;t know if you were listening to National radio this arvo, but the show is a lot worse when you&#8217;re not a guest.<br />
They had Martin &#8220;bomber&#8221; Bradbury thinking that you should have been proscuted for your blog, so it could be made an example of regarding all this.<br />
I quite often enjoy listening to intelligent reasoned debate on that show, but I really want to throw up when I hear that sniviling left wing dip shit is a guest.  He adds nothing to the debate and I am pretty close to complaining about him to nataional radio but don&#8217;t fancy they&#8217;ll do anything as they seem to love left wing apologists.<br />
Anyway enough of my ranting, I doubt I&#8217;m the first to say anything to you about it.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Alan Wilkinson</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-583125</link>
		<dc:creator>Alan Wilkinson</dc:creator>
		<pubDate>Mon, 13 Jul 2009 06:26:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-583125</guid>
		<description>The courts treat the public as moronic serfs whether as jurors or as critics of the conduct and quality of the justice system.

Jurors should be free to say whatever they like after the trial is over, they should be paid properly just as the judges and lawyers are, and they should be free to ask whatever questions they like and hear whatever evidence they want to.

And the public should be free and absolutely encouraged to give the courts hell - that is the only way they will ever be improved.

All that said, people should not comment on guilt or innocence during a trial nor advance anything as evidence other than what has peen presented in court.</description>
		<content:encoded><![CDATA[<p>The courts treat the public as moronic serfs whether as jurors or as critics of the conduct and quality of the justice system.</p>
<p>Jurors should be free to say whatever they like after the trial is over, they should be paid properly just as the judges and lawyers are, and they should be free to ask whatever questions they like and hear whatever evidence they want to.</p>
<p>And the public should be free and absolutely encouraged to give the courts hell &#8211; that is the only way they will ever be improved.</p>
<p>All that said, people should not comment on guilt or innocence during a trial nor advance anything as evidence other than what has peen presented in court.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: TripeWryter</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582965</link>
		<dc:creator>TripeWryter</dc:creator>
		<pubDate>Sun, 12 Jul 2009 23:17:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582965</guid>
		<description>When I did court reporting, the rule was simple: you reported what was said in court, and nothing out of the evidence. Now, in doing that a few things had to be borne in mind ... e.g., as a reporter you cannot hope to get every word of evidence into your paper or news broadcast. So you had to hope that you reported enough that accurately reflected the evidence given.

More important: in no way could you comment on the conduct of the trial, or on the evidence given, or make any comment whatsoever. You reported the facts. You could neither say implicitly or explicitly if you thought the accused/defendant was guilty or innocent.

David: I confess to being alarmed when I saw your thread last week, and the number of people commenting on the Weatherston tgrial as they did. 

Whatever we might think of our legal system, it is the one we have, and we like to think it is designed to ensure that anyone caught up in it gets a fair suck of the sav. It partly retains its integrity by our respecting it.

If it doesn&#039;t work properly -- and it&#039;s a human-made institution, so it isn&#039;t perfect -- then we have means to change it. We have a Parliament for that.

I don&#039;t think we help it when we out here decide to do the job of the courts. If we do, then we&#039;re heading for a form of mob justice. It is not about suppressing free speech and comment. It&#039;s about protecting the court, and the persons standing in the dock before it.</description>
		<content:encoded><![CDATA[<p>When I did court reporting, the rule was simple: you reported what was said in court, and nothing out of the evidence. Now, in doing that a few things had to be borne in mind &#8230; e.g., as a reporter you cannot hope to get every word of evidence into your paper or news broadcast. So you had to hope that you reported enough that accurately reflected the evidence given.</p>
<p>More important: in no way could you comment on the conduct of the trial, or on the evidence given, or make any comment whatsoever. You reported the facts. You could neither say implicitly or explicitly if you thought the accused/defendant was guilty or innocent.</p>
<p>David: I confess to being alarmed when I saw your thread last week, and the number of people commenting on the Weatherston tgrial as they did. </p>
<p>Whatever we might think of our legal system, it is the one we have, and we like to think it is designed to ensure that anyone caught up in it gets a fair suck of the sav. It partly retains its integrity by our respecting it.</p>
<p>If it doesn&#8217;t work properly &#8212; and it&#8217;s a human-made institution, so it isn&#8217;t perfect &#8212; then we have means to change it. We have a Parliament for that.</p>
<p>I don&#8217;t think we help it when we out here decide to do the job of the courts. If we do, then we&#8217;re heading for a form of mob justice. It is not about suppressing free speech and comment. It&#8217;s about protecting the court, and the persons standing in the dock before it.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Murray</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582914</link>
		<dc:creator>Murray</dc:creator>
		<pubDate>Sun, 12 Jul 2009 20:47:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582914</guid>
		<description>This is why I ignored several inivatations to join Clayton Weatherston is a murderer.

In my opinion he is, but that doesn&#039;t make it a fact until the verdict is in.

Having said that I&#039;d be at the front of the queue to throw the switch.</description>
		<content:encoded><![CDATA[<p>This is why I ignored several inivatations to join Clayton Weatherston is a murderer.</p>
<p>In my opinion he is, but that doesn&#8217;t make it a fact until the verdict is in.</p>
<p>Having said that I&#8217;d be at the front of the queue to throw the switch.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Viking2</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582898</link>
		<dc:creator>Viking2</dc:creator>
		<pubDate>Sun, 12 Jul 2009 18:26:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582898</guid>
		<description>Juror lost $3000 in wages on Bain trial
By MARTIN VAN BEYNEN - The Press
Last updated 05:00 13/07/2009
Share
Print
Text Size
Relevant offers

A woman who lost $3000 in wages while serving on the jury at the 13-week Bain murder retrial says jurors urgently need income protection.

Jurors get $310 in the hand for the first week of a trial and $400 for each subsequent week. Jurors can apply for hardship money, but have to show an inability to pay normal bills.

Another juror in the Bain retrial received a $1100-a-week top-up when he was able to meet the hardship threshold.

&quot;In the case of a long trial, I don&#039;t believe financial hardship should be the only factor for a top-up payment. I managed to pay my bills, but the loss of that $3000 still had a significant effect on us,&quot; the juror who lost money said.

Her employer had organised for a replacement while she was away on jury service and was not prepared to top up her jury money.

&quot;I don&#039;t blame him.

&quot;He didn&#039;t see why he should subsidise the Bain trial by paying my wages as well. I agree. But I don&#039;t think I should have to subsidise the trial either.&quot;

Disparities in pay around the jury table had soon become apparent, the juror said.

&quot;While some continued to earn their regular salaries, with employers topping up their court pay, others actually came out ahead financially. Either they were retired or collected their full pay, plus the jury fee.&quot;

The juror said she would not have worried if the retrial had run only a week or two, but the losses she incurred over 13 weeks were &quot;surely beyond the call of duty&quot;.

The possibility of losing wages was not listed on the jury summons as a reason for excuse from jury service, she said.

&quot;Some broke even, some made a profit, and some were out of pocket. How can that be just and fair?&quot;

Justice Minister Simon Power said yesterday he wanted to ensure that juries continued to broadly reflect New Zealand society as a whole.

&quot;I have asked officials to provide advice on whether any improvements can be made to the current system to ensure this continues to be the case.&quot;

In a comprehensive review of the jury system in 2001, the Law Commission found low fees were one of the impediments to getting a better range of people on juries.

Putting the costs on employers would be a significant burden, especially for small businesses during long trials, it said.</description>
		<content:encoded><![CDATA[<p>Juror lost $3000 in wages on Bain trial<br />
By MARTIN VAN BEYNEN &#8211; The Press<br />
Last updated 05:00 13/07/2009<br />
Share<br />
Print<br />
Text Size<br />
Relevant offers</p>
<p>A woman who lost $3000 in wages while serving on the jury at the 13-week Bain murder retrial says jurors urgently need income protection.</p>
<p>Jurors get $310 in the hand for the first week of a trial and $400 for each subsequent week. Jurors can apply for hardship money, but have to show an inability to pay normal bills.</p>
<p>Another juror in the Bain retrial received a $1100-a-week top-up when he was able to meet the hardship threshold.</p>
<p>&#8220;In the case of a long trial, I don&#8217;t believe financial hardship should be the only factor for a top-up payment. I managed to pay my bills, but the loss of that $3000 still had a significant effect on us,&#8221; the juror who lost money said.</p>
<p>Her employer had organised for a replacement while she was away on jury service and was not prepared to top up her jury money.</p>
<p>&#8220;I don&#8217;t blame him.</p>
<p>&#8220;He didn&#8217;t see why he should subsidise the Bain trial by paying my wages as well. I agree. But I don&#8217;t think I should have to subsidise the trial either.&#8221;</p>
<p>Disparities in pay around the jury table had soon become apparent, the juror said.</p>
<p>&#8220;While some continued to earn their regular salaries, with employers topping up their court pay, others actually came out ahead financially. Either they were retired or collected their full pay, plus the jury fee.&#8221;</p>
<p>The juror said she would not have worried if the retrial had run only a week or two, but the losses she incurred over 13 weeks were &#8220;surely beyond the call of duty&#8221;.</p>
<p>The possibility of losing wages was not listed on the jury summons as a reason for excuse from jury service, she said.</p>
<p>&#8220;Some broke even, some made a profit, and some were out of pocket. How can that be just and fair?&#8221;</p>
<p>Justice Minister Simon Power said yesterday he wanted to ensure that juries continued to broadly reflect New Zealand society as a whole.</p>
<p>&#8220;I have asked officials to provide advice on whether any improvements can be made to the current system to ensure this continues to be the case.&#8221;</p>
<p>In a comprehensive review of the jury system in 2001, the Law Commission found low fees were one of the impediments to getting a better range of people on juries.</p>
<p>Putting the costs on employers would be a significant burden, especially for small businesses during long trials, it said.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: numcrun</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582854</link>
		<dc:creator>numcrun</dc:creator>
		<pubDate>Sun, 12 Jul 2009 09:48:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582854</guid>
		<description>216 =6×6x6. 666 = number of the beast. Maybe he is a devil worshipper and planned that. Or not.</description>
		<content:encoded><![CDATA[<p>216 =6×6&#215;6. 666 = number of the beast. Maybe he is a devil worshipper and planned that. Or not.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Adolf Fiinkensein</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582837</link>
		<dc:creator>Adolf Fiinkensein</dc:creator>
		<pubDate>Sun, 12 Jul 2009 08:01:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582837</guid>
		<description>peterwn, more like sitting on the road in front of a steam roller.</description>
		<content:encoded><![CDATA[<p>peterwn, more like sitting on the road in front of a steam roller.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: peterwn</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582831</link>
		<dc:creator>peterwn</dc:creator>
		<pubDate>Sun, 12 Jul 2009 07:39:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582831</guid>
		<description>Very pragmatic decision.  I presume being on the wrong side of Crown Law would be like wrestling with a pig in mud.</description>
		<content:encoded><![CDATA[<p>Very pragmatic decision.  I presume being on the wrong side of Crown Law would be like wrestling with a pig in mud.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: mara</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582797</link>
		<dc:creator>mara</dc:creator>
		<pubDate>Sun, 12 Jul 2009 03:34:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582797</guid>
		<description>Whew, I&#039;m glad the situation is clear now.  If I&#039;m a juror on a trial of interest, standing in a supermarket queue and the folk behind me start discussing the case, I must block my ears and loudly sing the National Anthem or  la la la if I forget the words. Very sensible. Wish I&#039;d thought of it.</description>
		<content:encoded><![CDATA[<p>Whew, I&#8217;m glad the situation is clear now.  If I&#8217;m a juror on a trial of interest, standing in a supermarket queue and the folk behind me start discussing the case, I must block my ears and loudly sing the National Anthem or  la la la if I forget the words. Very sensible. Wish I&#8217;d thought of it.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: AG</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582786</link>
		<dc:creator>AG</dc:creator>
		<pubDate>Sun, 12 Jul 2009 02:25:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582786</guid>
		<description>In some ways, DPF, the Solicitor General&#039;s concerns are a compliment. It shows that your blog is taken seriously as a medium for (potentially) influencing viewpoints on this topic. And it is something bloggers are going to have to get used to, as blogs become more and more integrated into the media landscape (i.e. become more and more co-dependent on newspapers/TV/radio - you rely on &quot;mainstream&quot; journalism for much of your content, &quot;mainstream&quot; journalists get leads/story ideas from your posts). As John Key says in the context of copyright, the idea that the internet is a wild-west where ordinary laws don&#039;t apply just isn&#039;t going to fly. So if you want to be an information source that shapes people&#039;s opinions and thoughts, then you&#039;ll have to come to grips with things like contempt of court. A good general guide is Steven Price&#039;s &quot;Media Minefield&quot; ( http://www.medialawjournal.co.nz/?page_id=16 ) ... a more comprehensive (and legal-practitioner focused) is John Burrows &amp; Ursula Cheers &quot;Media Law in New Zealand&quot; (5th ed, OUP, 2005). I will warn you, however, that there are not always &quot;bright line&quot; rules in this area - they tend to be balancing tests such as whether a &quot;reasonable person&quot; would believe the publication raises &quot;a real risk&quot; of influencing a jury. So yes ...just not posting on trials as they are happening (or, alternatively, only reporting publicly available facts/what has happened in the trial process without the comments function on) is probably your safest bet.

That said, that I did wonder at the time if you weren&#039;t walking close to the line when posting on the Weatherston trial ... especially by leaving the post open to comments. Problem is that you are deemed responsible not just for what you think about the case, but also whatever the sewer throws up as well. The point is that a defendant is entitled to a verdict from the jury that is solely based on the evidence presented at trial, as discussed and deliberated on by the jury alone. And the danger with having a public chorus of judgment on the issue is that, no matter what instructions given to the jury about consulting media/internet reports, they may ignore these and go searching for what others think on the issue. And then you may get verdicts that reflect societal blood-lust, rather than considered reflection of evidence. Which is mob-rule, not criminal justice. So yes ... freedom of speech is limited (for a period) in the name of another important social institution - a fair and unbiased system of ruling on guilt or not-guilt (which doesn&#039;t mean innocence).

After a verdict is given, then most criticism of the case/its outcome is fine - the judges on an appeal court are presumed to have more self-control than a jury does! But note, if you overstep in your criticism and &quot;scandalise the court&quot;, then you may be back in the area of contempt!</description>
		<content:encoded><![CDATA[<p>In some ways, DPF, the Solicitor General&#8217;s concerns are a compliment. It shows that your blog is taken seriously as a medium for (potentially) influencing viewpoints on this topic. And it is something bloggers are going to have to get used to, as blogs become more and more integrated into the media landscape (i.e. become more and more co-dependent on newspapers/TV/radio &#8211; you rely on &#8220;mainstream&#8221; journalism for much of your content, &#8220;mainstream&#8221; journalists get leads/story ideas from your posts). As John Key says in the context of copyright, the idea that the internet is a wild-west where ordinary laws don&#8217;t apply just isn&#8217;t going to fly. So if you want to be an information source that shapes people&#8217;s opinions and thoughts, then you&#8217;ll have to come to grips with things like contempt of court. A good general guide is Steven Price&#8217;s &#8220;Media Minefield&#8221; ( <a href="http://www.medialawjournal.co.nz/?page_id=16" rel="nofollow">http://www.medialawjournal.co.nz/?page_id=16</a> ) &#8230; a more comprehensive (and legal-practitioner focused) is John Burrows &amp; Ursula Cheers &#8220;Media Law in New Zealand&#8221; (5th ed, OUP, 2005). I will warn you, however, that there are not always &#8220;bright line&#8221; rules in this area &#8211; they tend to be balancing tests such as whether a &#8220;reasonable person&#8221; would believe the publication raises &#8220;a real risk&#8221; of influencing a jury. So yes &#8230;just not posting on trials as they are happening (or, alternatively, only reporting publicly available facts/what has happened in the trial process without the comments function on) is probably your safest bet.</p>
<p>That said, that I did wonder at the time if you weren&#8217;t walking close to the line when posting on the Weatherston trial &#8230; especially by leaving the post open to comments. Problem is that you are deemed responsible not just for what you think about the case, but also whatever the sewer throws up as well. The point is that a defendant is entitled to a verdict from the jury that is solely based on the evidence presented at trial, as discussed and deliberated on by the jury alone. And the danger with having a public chorus of judgment on the issue is that, no matter what instructions given to the jury about consulting media/internet reports, they may ignore these and go searching for what others think on the issue. And then you may get verdicts that reflect societal blood-lust, rather than considered reflection of evidence. Which is mob-rule, not criminal justice. So yes &#8230; freedom of speech is limited (for a period) in the name of another important social institution &#8211; a fair and unbiased system of ruling on guilt or not-guilt (which doesn&#8217;t mean innocence).</p>
<p>After a verdict is given, then most criticism of the case/its outcome is fine &#8211; the judges on an appeal court are presumed to have more self-control than a jury does! But note, if you overstep in your criticism and &#8220;scandalise the court&#8221;, then you may be back in the area of contempt!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Patrick Starr</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582779</link>
		<dc:creator>Patrick Starr</dc:creator>
		<pubDate>Sun, 12 Jul 2009 01:39:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582779</guid>
		<description>“I am unsure as to what are the limits of acceptable discussion on criminal issues. Should you just not comment during the trial, any time after depositions, or any time after arrest?”

its pathetic - how about the MSM selective reporting of evidence? The Bain case was a good example where any word Michael Reed muttered was widely reported - with a certain spin to lead the public in a direction.

If they don’t want people to comment – don’t show the trials</description>
		<content:encoded><![CDATA[<p>“I am unsure as to what are the limits of acceptable discussion on criminal issues. Should you just not comment during the trial, any time after depositions, or any time after arrest?”</p>
<p>its pathetic &#8211; how about the MSM selective reporting of evidence? The Bain case was a good example where any word Michael Reed muttered was widely reported &#8211; with a certain spin to lead the public in a direction.</p>
<p>If they don’t want people to comment – don’t show the trials</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: dvg</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582775</link>
		<dc:creator>dvg</dc:creator>
		<pubDate>Sun, 12 Jul 2009 01:15:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582775</guid>
		<description>this is so frustrating.  While it makes sense to limit comment - the defendant is able to &#039;comment&#039; to his heart&#039;s content and the media report it ALL - like it is fact, truth and reason.  Bring on the law reform that removes provocation as a defense.  Then courts would not have to sit and listen to this sort of poisonous rubbish.</description>
		<content:encoded><![CDATA[<p>this is so frustrating.  While it makes sense to limit comment &#8211; the defendant is able to &#8216;comment&#8217; to his heart&#8217;s content and the media report it ALL &#8211; like it is fact, truth and reason.  Bring on the law reform that removes provocation as a defense.  Then courts would not have to sit and listen to this sort of poisonous rubbish.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Tui</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582769</link>
		<dc:creator>Tui</dc:creator>
		<pubDate>Sun, 12 Jul 2009 00:53:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582769</guid>
		<description>I think  the rule is you can&#039;t comment on a particular case but can comment on the law in general. So comments on Charles Chauvel&#039;s bill in a general sense are okay. Any lawyers out there who can clarify this?  If we are commenting on undisputed facts, this would appear to be okay.

I have served on a jury and the onus was on jury members to steer clear of media comments while the case was in progress.

I&#039;d like to know if the meaning of trial process extends to sentencing or stops once the trial itself is over and a verdict is reached.

The S-G is being a bit prissy me thinks. Mustn&#039;t have much work to do.</description>
		<content:encoded><![CDATA[<p>I think  the rule is you can&#8217;t comment on a particular case but can comment on the law in general. So comments on Charles Chauvel&#8217;s bill in a general sense are okay. Any lawyers out there who can clarify this?  If we are commenting on undisputed facts, this would appear to be okay.</p>
<p>I have served on a jury and the onus was on jury members to steer clear of media comments while the case was in progress.</p>
<p>I&#8217;d like to know if the meaning of trial process extends to sentencing or stops once the trial itself is over and a verdict is reached.</p>
<p>The S-G is being a bit prissy me thinks. Mustn&#8217;t have much work to do.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Ruby</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582768</link>
		<dc:creator>Ruby</dc:creator>
		<pubDate>Sun, 12 Jul 2009 00:50:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582768</guid>
		<description>Sounds like the bureaucrats in the SG&#039;s office don&#039;t have enough to do.</description>
		<content:encoded><![CDATA[<p>Sounds like the bureaucrats in the SG&#8217;s office don&#8217;t have enough to do.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: side show bob</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582752</link>
		<dc:creator>side show bob</dc:creator>
		<pubDate>Sat, 11 Jul 2009 23:56:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582752</guid>
		<description>Usual load of horse shit, the anointed ones are peeved that the common riff raff might actually call out or challenge some of their rather dubious decisions. One good example as stated here was the Bain trial. Seems to me the justice system in this country is pretty well stacked for a particular outcome, one the state would desire. We have trail by jury, which is suppose to be by our peers but it seems our peers are not really trusted to sort the dross from the gold.</description>
		<content:encoded><![CDATA[<p>Usual load of horse shit, the anointed ones are peeved that the common riff raff might actually call out or challenge some of their rather dubious decisions. One good example as stated here was the Bain trial. Seems to me the justice system in this country is pretty well stacked for a particular outcome, one the state would desire. We have trail by jury, which is suppose to be by our peers but it seems our peers are not really trusted to sort the dross from the gold.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: backster</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582749</link>
		<dc:creator>backster</dc:creator>
		<pubDate>Sat, 11 Jul 2009 23:52:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582749</guid>
		<description>SUPPRESSION is the guiding principle of all aspects of the New Zealand Court system, but taking it to this length clearly demonstrates that the Solicitor General&#039;s Office is overstaffed and should be subject to redundancies in line with other State Agencies.


CHUCK:..Fox News frequently has former Prosecutors, former Judges, and other experts commenting on noteworthy cases in progress, some almost amounting to roleplay. Great TV it is too.</description>
		<content:encoded><![CDATA[<p>SUPPRESSION is the guiding principle of all aspects of the New Zealand Court system, but taking it to this length clearly demonstrates that the Solicitor General&#8217;s Office is overstaffed and should be subject to redundancies in line with other State Agencies.</p>
<p>CHUCK:..Fox News frequently has former Prosecutors, former Judges, and other experts commenting on noteworthy cases in progress, some almost amounting to roleplay. Great TV it is too.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Viking2</title>
		<link>http://www.kiwiblog.co.nz/2009/07/no_more_comments_during_trials.html#comment-582737</link>
		<dc:creator>Viking2</dc:creator>
		<pubDate>Sat, 11 Jul 2009 23:24:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=34706#comment-582737</guid>
		<description>This horse bolted a long time ago. Never coming back.</description>
		<content:encoded><![CDATA[<p>This horse bolted a long time ago. Never coming back.</p>
]]></content:encoded>
	</item>
</channel>
</rss>

