Sir Jeffrey Jowell, QC (front right) and developer Michael MacLean (front left) leave the Chief Justice’s Chambers after the morning session. Behind them are lawyer Eugene Johnston and MacLean’s advisor Lew Peniston
It may have been a response to intense public criticism to its handling of allegations of official corruption and/or our request for concerted action on behalf of the public.
This afternoon, The Royal Gazette made good on its duty to the public by having lawyer Tim Marshall ask the parties to the MacLean constitutional challenge to release affidavit information voluntarily.
Marshall got to his feet to address the court just as Chief Justice Ian Kawaley called a break for the day.
He referred to the fact that passing references had been made to affidavits during the day long hearing and that the courts were unwilling to make them publicly available.
And he argued that because of the intense public interest in the case the materials should be made fully available to the press.
Marshall then went on to say he would be making application to have the materials released publicly should they not be released voluntarily by the parties to the case.
The Chief Justice replied that Marshall may be seeking to make “new law” – the law simply did not allow affidavits read in chambers to be aired in public, and that he had sought to change the rules but had been reminded that he had a “liberal” interpretation of his rule making powers.
Its all about giving the public meaningful access to justice, Marshall said.
I invite these parties to make the information available voluntarily.
Alan Dunch, the Government’s lawyer told the court that as his side had criticised the airing of MacLean’s affidavit, they would not be minded to agree to voluntarily release their material.
Speaking on behalf of his clients, Eugene Johnston told the Chief Justice that while they might sympathise with Marshall’s intervention on behalf of the press his side would not voluntarily release the material as they wouldn’t want to give support to the suggestion that they leaked MacLean’s affidavit in the first place.
Michael MacLean filed a second affidavit in Supreme Court on July 2. Within days it had leaked and was anonymously placed on the internet.
The affidavit alleged that a private citizen and three Government legislators had attempt to extort millions of dollars in exchange for support for the developers projects.
In a July 10 editorial the newspaper defended its decision not to publish a story on the allegations saying it would open it up to a defamation lawsuit.
This article belongs to Politica ! The original article can be found here: Royal Gazette pulls through on behalf of the press
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