Rebuke for breaching order

The Media Council has rebuked Stuff and the Manawatu¯ Standard for a breach of a suppression order.

On January 3 and 4 this year Stuff and the Manawatu¯ Standard published an article relating to a court appearance of a man who pleaded guilty to charges of careless driving causing death and careless driving causing injury.

The charges related to an accident on December 28, where the man drove through a stop sign and the car was T-boned by another vehicle, which had no opportunity to stop.

The man’s mother died in the accident and a child was injured, as was the driver of the other vehicle.

At the court appearance on January 3 the judge made an interim name suppression order to allow the man time to advise his family, who lived overseas, of the situation.

Stuff and the Manawatu¯ Standard published the man’s name, together with a photograph of him taken outside the court. This was, as noted by the judge at the resumed hearing the following day, a clear breach of the interim suppression order he had put in place.

In sentencing notes, the judge said: ‘‘I accept that you explained to the reporter outside court that you had an order suppressing your name, but the reporter failed to recheck the position and published your name and your photograph.’’

The interim suppression order was lifted later on January 4.

The editor contended that the breach was inadvertent and had, in effect, lasted for only 20 hours.

The Media Council noted the obligation of a reporter to ensure that they do not miss such orders made in court, as the breach of court orders is a very serious matter.

Failure to note an order of the court, even inadvertently, is a very serious breach of the professional standards expected of reporters.

The full decision of the Media Council is at www.mediacouncil.org.nz