NZ: Defiant Smith refuses to apologise
From http://www.peterellis.org.nz/people/NickSmith/2004-0403_NZHerald_Defiant.htm
NZ Herald
April 3, 2004
Defiant Smith refuses to apologise
by Helen Tunnah deputy political editor
Defiant National MP Nick Smith has shown no remorse for his attacks on the Family Court despite being fined $5000 for breaking the law by trying to pressure a woman into giving up a child she was caring for.
Though the moderate size of the fine means a byelection in Nelson is now remote, Dr Smith did not let yesterday's High Court contempt of court penalty deter him from a strike at legal processes he says alienated parents from their children.
Just moments after facing strong criticism from two High Court judges, Dr Smith walked from the Wellington court and levelled serious accusations against a woman involved in the confidential Family Court case which his contempt charges related to.
Though he conceded the guilty verdict had taught him some lessons, he refused to offer an apology to the woman he telephoned and asked if she felt guilty for stealing the child from his birth parents.
"I do not regret fundamentally taking up this case for my constituents," he said.
"Certainly the scale of the fine makes it less likely that I'll appeal, either to the Court of Appeal or ... to the court of public opinion."
Dr Smith is the first MP found guilty of contempt and he said though $5000 was a hit in the pocket, it was a small price to pay if he could effect change to laws affecting families in New Zealand.
Dr Smith, TV3 and Radio New Zealand had last week been found in contempt of court for various public comments, actions and broadcasts involving the same custody case.
Dr Smith and TV3 were both found to have tried to influence the Family Court and undermined public confidence in it. TV3 was yesterday fined $25,000 and Radio New Zealand, which admitted guilt and expressed remorse in court, was fined $5000.
Solicitor-General Terence Arnold had earlier claimed TV3's contempt of court for its 20/20 programme on the case was the worst in New Zealand's history and urged Justices John Wild and Alan MacKenzie to impose a fine of $100,000 or more, twice the previous largest fine.
A spokeswoman would not say last night if Mr Arnold would appeal against the sentences.
In court he labelled Dr Smith a "bully" and said his actions in talking about the case were "designed to gain maximum political benefit".
In delivering the judges' sentence, Justice Wild said Dr Smith's conduct since the guilty verdict had been devoid of any expressions of regret.
"To be unrepentant is your prerogative. We find it disappointing and for someone of your standing, surprising."
The judges said they accepted he wanted to help his constituents, but added: "You do not help people by harming other people. You don't right one injustice by creating another, nor do you change the law by breaking the law."
In setting the fine, the judges accepted Dr Smith had already paid the legal fees of his constituents. It has also cost him $28,000 defending the contempt charge, but that could reach $80,000. A trust fund has raised $54,000 for legal fees.
TV3 bore the brunt of the court's criticisms. Justice Wild said it had been "opportunistic and cynical" in trying to influence the child's caregiver and influence a Family Court judge in its documentary.
TV3 continued to deny that yesterday. Dr Smith said last night he now urgently wanted a ruling from Speaker Jonathan Hunt about his status as an MP. Though there remains some uncertainty about his position, that appears to have substantially evaporated because the fine was not large.
There was only a slight chance he may have been forced to resign his seat under the Electoral Act, which has punishments for MPs who commit a "crime".
However, if he had received a hefty fine, his moral authority as an MP would have been dented and he may have had little choice but to ask voters to decide his fate.
Speaker Jonathan Hunt could not be contacted last night, but is expected to make a decision early next week confirming Dr Smith's seat is secure.
Advice from the Clerk of the House, David McGee, and the High Court have indicated Dr Smith will not be forced out of Parliament.
The judges also said yesterday it was unclear if a conviction would be entered against Dr Smith's name. No costs were awarded.
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