Police say taping was unlawful, but only a warning given
March 26th, 2012 at 2:49 pm by David FarrarThe Herald reports:
Police will not lay charges against freelance cameraman Bradley Ambrose over the so-called “teapot tapes” affair, Assistant Commissioner Malcolm Burgess says.
He said police will issue Mr Ambrose with a warning after referring the matter to Crown Law.
“While police have issued a warning in this instance, we are clear that the actions of Mr Ambrose were unlawful.” …
“One factor taken into account is a letter of regret from Mr Ambrose which has been sent to the Prime Minister and Mr Banks. They have both indicated acceptance of this statement.”
This seems a reasonable outcome. It is useful to have the clear opinion of the Police that the actions were unlawful. Without that, it would give the media open licence to leave concealed recorders all over the place.
Stuff reports:
While he only received a warning, Ambrose’s actions were illegal, Burgess said.
Future occurrences were likely to be prosecuted.
“We were satisfied on this occasion that there was (prima facie evidence).
But police decided there was not sufficient public interest in the matter going to court, he said.
“I reached the view that a prosecution was not required in this instance.”
The same grounds on which Helen Clark was not prosecuted.
March 26th, 2012 at 3:01 pm
“The same grounds on which Helen Clark was not prosecuted.”
Helen’s criminal offending was a lot more serious. If National had of had the balls to do a private prosecution she probably would have been convicted.
Vote:March 26th, 2012 at 3:06 pm
I thgink justice has been done here. But just wait for the MSM to claim that Bradley Ambrose has been cleared of any wrongdoing…
Vote:March 26th, 2012 at 3:08 pm
Just going to say exactly the same thing KS.
This is pretty much the same as they did for Winston, and Winston used it as an excuse to claim he’d been cleared of everything and done nothing wrong.
I’d rather high profile stuff like this go to court, even if they get away with a slap on the wrist there, so that they’re not able to claim they did nothing wrong.
Decent journalism would also work – but I’m not holding my breath.
Vote:March 26th, 2012 at 3:11 pm
A bit of a storm in a tea cup then
Vote:March 26th, 2012 at 3:13 pm
The police might have an ‘opinion’ that it was unlawful but that hasn’t been tested, mischievous for the police make declarations of guilt of innocence.
Vote:March 26th, 2012 at 3:16 pm
What bullshit.
The guy did something illegal that changed the make up of our freakin government!
We now have 9!? anonymous shit heads troughing their way through the next three years.
He made the country look like a bunch of morons as the words “tea pot tapes” made their way overseas.
Id shoot him. In the knee.
Vote:March 26th, 2012 at 3:31 pm
> mischievous for the police [to] make declarations of guilt of innocence.
Yes it is, but the police have to justify their existence. They did the same in the Darren Hughes affair, making claims that they were unwilling or unable to substantiate, claims which should therefore be taken with a grain of salt.
Vote:March 26th, 2012 at 3:45 pm
The police should have given Clark a warning too. That would have happened if she had not shafted Peter Dunne.
Vote:March 26th, 2012 at 3:47 pm
Dime I wouldn’t worry if I were you. I have been out of the country for over three weeks and have read nothing about NZ. This idea the world is watching us is frankly nuts.
I for one am glad we have a PM who lakes a stand for freedom of speech and the privacy of every citizen. It is a bit sad our media can’t recognise integrity when they see it.
Vote:March 26th, 2012 at 3:47 pm
I do get a bit tired of hearing this sort of thing. It comes across as “can’t be bothered because it is too hard”. Like standing around while union members intimidate private citizens who are on their way to work.
Like attending when Housing new Zealand want to evict some tenants, but when I had a court order to evict an aggressive tenant of mine, being told it was ‘a civil matter, not criminal’.
Vote:March 26th, 2012 at 3:51 pm
How can it take four months to come to this decision? Completely ridiculous politics from the police.
Vote:March 26th, 2012 at 3:51 pm
In any contentious case, surely it’s up to a judge to declare what is lawful or unlawful, not the police. Was the conversation private? Was it taped inadvertently? Was a law broken, and if so which law?
Vote:March 26th, 2012 at 4:02 pm
Wrong Scott; the Police got a legal opinion from Crown Law
Vote:March 26th, 2012 at 4:10 pm
Keeping Stock
4.02pm
An opinion isn’t a Judgement, a legal opinion might lead to a prosecution but it is for the Courts to decide on the conflicting opinions as to which is correct.
Vote:Looking between the lines the opinion released might have been abbreviated from a conclusion that the taping of such a conversation was considered to be illegal, but that whether there was an intention to actually make the tape couldn’t be concluded in favour of a prosecution.
March 26th, 2012 at 4:19 pm
This was mishandled by Key and Joyce and I hope they have learned a lesson on this. Never get the Police involved in something out of spite or anger. Once the Police got involved the PM and Joyce lost control and could not release the contents when they could have if there was no inquiry. A lesson hard earned and denied Key a majority Government.
Vote:March 26th, 2012 at 5:08 pm
I’ve said it before and I’ll repeat it again: Police shouldn’t have discretion when politicians are involved. The courts should settle it. Sure a case may be turfed out in the first hearing but that’s probably 1,000 times more efficient than having the Police sit on it for months and months pontificating over how to word the “not in the public interest” press releases differently from the last time a politician was involved….
Vote:March 26th, 2012 at 6:24 pm
And yet his Lawyer still cannot shut his damn pie hole:
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10794733
Note to Mansfield, shutdafuckup.
Vote:March 26th, 2012 at 6:34 pm
I wonder how much all this cost?
Vote:March 26th, 2012 at 7:06 pm
Shit 4 months to decide whether to prosecute or not, would have been a bloody sight easier to toss a coin, may have saved a lot of time and money.
Vote:March 26th, 2012 at 7:39 pm
this storm in the tea cup had no relevance to Winston Peters,
Vote:but the media TV chose it to be so,
the next election will be tough, Winston is aging, he must find a good successor.
Some leaders in foreign countries are eighty or so
March 26th, 2012 at 8:11 pm
The Police expressed their opinion, sort of, but obviously it was piss weak like a few others latley.
Here another opinion and the reason they ran for cover.
There is no way that it was going to stick. He did not act unlawfully and they knew it but face saving was the order of the politics. Yeh.
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10794733Lawyer: Ambrose didn’t act illegally
By Edward Gay, Adam Bennett and NZ Herald Online staff
4:23 PM Monday Mar 26, 2012
Laying charges against cameraman Bradley Ambrose would be a waste of further public money, says his lawyer.
So we the traxpayer have had one lot of money wasted (and plenty when it took 3 policeman and dozens of others tfour maonths to decide on something so straigh forwar), and saved another lot with the legal profession being the usual beneficiaries.
Vote:Why is it that we don’t see the legal profession as Govt. beneficiaries. Cause many of them are.
March 26th, 2012 at 8:49 pm
the Police are the worst group to deal with politically. They will leak things out of spite. They will make offkey statements. They will drag their feet on investigations. They will close ranks to protect their own more then anyone else. Still, the current crop seem pretty good, and the job is pretty tough.
Vote:March 26th, 2012 at 8:55 pm
“It is a bit sad our media can’t recognise integrity when they see it.”
Why would the media report that a spade is a spade when they could create a story out of it instead?
(The media aren’t the only sector of society with such tendancies unfortunately, but in their defense there are morons and just well-meaning apathetic types out there who are the market for such…)
Vote:March 27th, 2012 at 6:14 am
I heard Larry Williams last night asking why, as the tapes sound very benign, Key didn’t just let them be published.
I’m of the opinion he wanted to make a statement to our media. This was the third time in a row the media had used under handed tactics to try to destabilise National (you’ll remember the other instances like the secret recording of Bill made by TV3 etc).
I suspect Key had decided if they played silly buggers yet again (but of course never to Labour) then to hell with them. He just wouldn’t play by their rules. Then the media, especially the Herald, really gave me the impression of a foot stamping child with their reaction. Good to see he stared them down.
Vote:March 27th, 2012 at 7:08 am
And so the silly saga ends. National and Act stage manage a cup of tea between Banks and Key, invite the media because without them the meeting would have been a waste of time. A sneaky journalist leaves a recording device on the table. Then Key and Banks in this stage managed and media filled environment start a discussion about Brash and old people that could be a little embarrassing.
Forgive me for not condemning the journalist here. Key was an idiot firstly for agreeing to the event, secondly for discussing things that he would not have comfortably said in public and then for insisting the police investigate. His actions resulted in Winston getting momentum and it cost National an outright majority. So the issue is far less about journalistic integrity and more about a classic political own goal by Key.
Vote:March 27th, 2012 at 7:21 am
Truth probably is that Key had no idea of what he had said and might be recorded until he got a copy. So lots of fuss and then let it go move on. Remember that phrase.
Here’s another bloody great blunder by the establishment.
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10794827
Vote:March 27th, 2012 at 7:32 am
And so now we have the breathless airheads in the MSM reporting that Ambrose (who, according to Police acted unlawfully) seeking an apology from the PM…. but he doubts that he will receive ‘one any time soon’?
Apology for what?
Sorry Bradley that your actions have been deemed (by Crown Law) to be unlawful?
Sorry that you haven’t been charged?
Sorry that you have only received a written warning?
Or sorry that you’ve been exposed as being a sook?
But yourself a Lotto ticket and clam up.
Vote:March 27th, 2012 at 8:01 am
From Yahoo Xtra:
“The freelance cameraman who recorded the infamous “teapot tape” says he couldn’t get work after it caused an election campaign uproar.
‘It’s been unbelievably tough and tiring, having the prime minister upset at something you’ve done,’ he said on TV One.
‘It was a political hot potato and people just couldn’t use me – and that really hurt.’”
Well boo-hoo. I get so pissed off at the media in general, they take great delight in reporting how the mighty and powerful have tripped up, they’re always waiting for someone to make a mistake so they can expose it, and they justify it by those tired old cliches such as “the public interest” and “freedom of the press”.
Guess what Bradley? There’s this interesting concept that the rest of the civilised world has followed for decades called “taking responsibility for your actions”. Harden up and accept that you were wrong, and you got called on it (betcha weren’t expecting that – the media being asked to account for their actions? Damn …)
Vote:March 27th, 2012 at 9:07 am
How sad to look at the Herald this morning regarding this matter. Its Editors should be ashamed of themselves.
Vote:I accept that they are now believing themselves to be above the law. It will not sell more newspapers.
Bradley made an error of judgement for which he (and his loudmouth lawyer) agreed on an apology, which has been accepted by the aggrieved parties.
Now this media, who are determined to undermine the Government, especially Key, are continuing to determine that Bradley is innocent, although he accepts that he did wrong.
Very sad that our so called media have slipped so far down in many people’s estimation. Geting towards Winston.
March 27th, 2012 at 2:14 pm
Paulus, I agree. Simple question for the Herald. How did the tape get to TV3 and Winston? No more b.s. please.
Vote: