By ALISON HORWOOD
Civil rights lawyer Tim McBride is concerned about a proposal for police-only legislation to protect the identity of officers involved in fatal shootings.
His comments follow an announcement by Justice Minister Phil Goff that he has asked officials to look at options for protecting police in response to a new website revealing the identity of the constable who shot Waitara man Steven Wallace.
Mr McBride said that since the Bill of Rights called for proceedings to be public, there would have to be a compelling case for special protection. It would require strong evidence that someone whose name was published would suffer serious harassment.
"A special category for police does give rise to some concerns. If it is good enough for the police, why is it not good enough for all people who have behaved lawfully but have been exposed to some form of harassment?"
Mr Goff said yesterday that there was a question of whether police needed statutory protection during investigations into fatalities.
He was keeping an open mind on options, but said his preference was either for courts to have the power to suppress a police officer's identity on application or an automatic right, which could be challenged.
The cabinet is likely to have the options for consideration within six to eight weeks.
Mr Goff said the media generally followed a long-standing protocol not to name an officer involved in a death. The new website showed that the voluntary understanding was no longer enough.
The website, launched by Auckland campaigner Dermot Nottingham, includes the photo, name and nickname of the officer involved in the shooting on April 30 last year. It also includes various reports, including the police report which said he acted out of self-defence.
A Wallace family spokesman, Terry Wallace, said information had been put on the internet without the knowledge or consent of the family.
He said Mr Nottingham was involved with the family for a short time but his responsibility had been revoked.
"It was conflicting with what we were doing and what John Rowan, QC, [the lawyer representing the family] was doing."
Mr Rowan has not yet ruled out the possibility of a private prosecution against the police.
Mr Wallace said he did not have strong views about the website, but believed it was Mr Nottingham's right to set it up.
But Mr Goff has said it was "utterly inappropriate" for the officer's identity to be revealed, particularly because an inquest is due to begin on May 21 and a Police Complaints Authority inquiry is incomplete.
The identity of the officer has been a closely guarded secret for more than a year. He and his family were spirited out of Taranaki by police and are now believed to be living in the South Island.
The Herald won a court battle to name him, but decided not to, having established in law that police did not have an automatic right to name suppression in such circumstances. The National Business Review later published the man's name.
Doubts on police suppression bid
AdvertisementAdvertise with NZME.