NZ: Smith ponders his next move
From http://onenews.nzoom.com/onenews_detail/0,1227,263344-1-8,00.html
Smith ponders his next move
Mar 24, 2004
National MP Nick Smith says he will consider appealing against a High Court decision which found him in contempt of court.
Smith says he is also considering his future as an MP.
In a reserved decision made public on Wednesday, the High Court found Smith in contempt for making public the details of a Family Court case.
Justices Wild and MacKenzie say they consider Smith tried to make the child's caregiver forgo her rights through his conversation with her, and through media pressure.
They also say Smith tried to influence the decision of the Family Court and lessen the validity of its decision in the eyes of the public.
Speaking under parliamentary privilege, Smith told the House he is bitterly disappointed at the decision, which he describes as being a sad day for parliament, for free speech and for the role of MPs acting on behalf of their constituents.
He says it is critical for the Family Court to be reformed and there is an overwhelming need for it to be opened up.
Radio New Zealand and TV3 have also been found in contempt of court for broadcasting his comments.
TV3 says it may appeal against the decision. It was found in contempt over the content of its 20-20 documentary programme on the case.
Terence Taylor, the executive producer of current affairs for TV3, says the company felt it was reasonable to proceed after the principal Family Court judge, Patrick Mahony, spoke on Radio New Zealand about the case.
Radio New Zealand's chief executive Peter Cavanagh says the company is studying the decision.
Penalties have yet to be decided but political commentators say it is unlikely Smith will lose his seat in parliament, although the issue could end up before parliament's privileges committee.
The Electoral Act says that an MP loses his seat if convicted of a crime punishable by two years or more in prison.
The case against Smith was brought under common law and there is no set penalty for the offence.
Commentators say there may be some debate over whether the open penalty technically falls within the criteria for dismissal under the Electoral Act.
In bringing the prosecution the Solicitor General sought only a fine, not a term of imprisonment.
The Registrar of the Court or an MP could raise the issue, which would prompt a privileges committee hearing on Smith's position.
Meanwhile, National Party leader Don Brash says Smith retains his full support and confidence.
In a brief written statement, Brash says he is very disappointed with the outcome of the case but will be making no further comment on it at this stage.
?? Radio New Zealand
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