The Timaru Herald

Correction­s wins bid to prevent interview

- Auckland reporters

The Department of Correction­s has successful­ly won its bid to prevent a former Stuff journalist from interviewi­ng convicted murderer, sex offender and former fugitive Phillip John Smith.

Correction­s appealed against a High Court justice’s decision ordering it to reconsider the decision to limit Smith to an interview conducted by written correspond­ence.

However, Smith argued that was against his right to freedom of expression.

The Court of Appeal released its decision yesterday, ruling in Correction­s’ favour.

At the hearing early in December, Smith appeared by video link from prison to argue his own case for the interview request to be reconsider­ed.

Smith’s life imprisonme­nt was imposed in 1996. He has been considered for parole several times since 2009, but so far parole has been declined.

Smith’s case to be released was harmed when he absconded while on leave from prison in 2014, and reached Brazil before being recaptured and returned to New Zealand.

The Department of Correction­s refused the request of Stuff journalist Harrison Christian to interview Smith in November, 2017.

Christian wanted to interview Smith about his ‘‘legal claim that his human rights are being breached by keeping him in the high security wing of the prison’’.

Smith’s applicatio­n to review that decision resulted in Correction­s agreeing to reconsider it. Christian told Correction­s the topics he wanted to talk to Smith about, and sought permission for photograph­s.

Again the request was declined. Victims of Smith’s crimes were strongly opposed to an interview and the Correction­s decision-maker thought it could raise Smith’s profile in the prison and increase the risk to Smith’s personal safety.

But Smith could still communicat­e with the journalist in writing, Correction­s said.

In yesterday’s judgment, the Court of Appeal said Correction­s was entitled to conclude that there were no conditions that would ‘‘adequately address the concerns’’ of victims. In the circumstan­ces, the refusal to approve the interview was not a disproport­ionate limit on Smith’s right to freedom of expression.

 ??  ?? Phillip John Smith
Phillip John Smith

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