Murder-accused Philip Polkinghorne in court on day one of his trial. Photo / Michael Craig
Murder-accused Philip Polkinghorne in court on day one of his trial. Photo / Michael Craig
The Mental Health Foundation wants reporting of the Philip Polkinghorne murder trial reined in, saying it has “serious concerns” about the coverage – assertions that have been rejected by the NZ Herald.
The trial judge says he won’t be acceding to the foundation’s request to issuesome kind of direction regarding how media report the case, saying that coverage to date is in line with court reporting rules.
In a letter to the High Court last week, Mental Health Foundation senior media adviser Mark Wilson said he had “serious concerns” about the reporting of proceedings in the trial – a focus of which has been whether Polkinghorne’s wife Pauline Hanna died by murder or suicide.
Polkinghorne has pleaded not guilty to the murder of his wife. His defence has contended that she died by suicide.
Wilson wrote: “The exposure to such detailed court evidence could well elevate risk in people vulnerable to suicide. Of primary concern is the quantity of information being reported by the New Zealand Herald live feed. It includes witness accounts, photographs and videos and detail on the mechanics of a common suicide method in New Zealand.”
He said media played a critical role in suicide prevention, saying that “safe” media coverage can reduce the risk of deaths by suicide, but there was also “robust evidence” that news stories about suicide or suicidal behaviour “can be followed by further suicides”.
Wilson wrote: “Is there any way the court can encourage media discretion when reporting on this case?
“This discretion could be applied when publishing video/photographs or in the reporting particularly on the live stream feed used by the New Zealand Herald and Stuff. The immediacy of this reporting tends toward sounding sensational and often includes graphic details. The implications of such widespread communication may well lead to suicide deaths.”
In an email to the court, NZ Herald publisher NZME rejected the assertion its coverage was sensational or graphic.
NZME general counsel Genevieve O’Halloran said the “media discretion” that the foundation was seeking went beyond “the responsible reporting that the NZ Herald has already demonstrated and undermines our journalists’ ability to cover the murder trial”.
Pauline Hanna and Philip Polkinghorne at an event in 2018. Photo / Norrie Montgomery
“The NZ Herald is cognisant of the risk that the trial coverage may distress readers,” O’Halloran wrote.
“Accordingly, warnings have been placed at the top of its text coverage and prior to any video coverage. Its coverage of the trial is neither sensational nor graphic; it is simply a straight report of proceedings.”
O’Halloran wrote that one of the key questions for the jury to determine was whether Polkinghorne’s defence was proven beyond reasonable doubt.
“Discretion is routinely applied when reporting content likely to distress our readers. However, this is balanced against our court reporters’ duty to accurately and faithfully convey the case for the both the defence and the prosecution. There is a high public interest in our ability to carry out this duty.”
Justice Graham Lang at the trial of Philip Polkinghorne. Photo / Michael Craig
Trial judge Justice Graham Lang said he did not propose to make any direction to news media.
“The short point is that the court has no power to dictate the manner in which accredited news organisations report proceedings in court,” wrote Justice Lang, in a minute distributed to media.
“This reflects the fact that such organisations are the primary means by which court proceedings are reported and thereby made transparent to the community at large. The court will generally only interfere when a proceeding is reported in a manner that may jeopardise the defendant’s right to a fair trial or where wider concerns arise as to the administration of the criminal justice process. The reporting of proceedings in the present case has not yet engaged either of those principles.
“I therefore do not propose to make any direction or suggestion to news media organisations as to how they should report the case in the future.”
He directed the court registrar to forward a copy of Wilson’s email to all news media organisations covering the trial.
Philip Polkinghorne, right, and his lawyer Ron Mansfield, KC, arrive at Auckland High Court for his murder trial. Photo / Michael Craig
Coverage of suicide – either individual cases or the broader topic – is a vexing, complicated and sensitive matter.
There are regular robust discussions between the foundation and editors who sometimes consider its position too conservative on a matter of extreme public interest and importance.
In my opinion, the media consistently acts responsibly in complying with the Coroner’s Act and suicide reporting guidelines issued by the Ministry of Health.
Wilson said the foundation accepted the judge’s decision but was also hopeful media would heed its concerns.
“The Mental Health Foundation needs to ensure the voice of New Zealanders who live with suicidal thinking and those that support them are heard,” said Wilson.
“Media plays a significant part in ensuring the safety of readers as well. This is a unique criminal case and the New Zealand Herald is covering it at a level not seen before. Therefore, it is vitally important you take care in reporting. The suicide prevention sector is very worried about the potential harm the reporting of this case may cause and as a result there is work currently underway to monitor deaths of similar method and/or circumstances.”
Editor-at-Large Shayne Currie is one of New Zealand’s most experienced senior journalists and media leaders. He has held executive and senior editorial roles at NZME including Managing Editor, NZ Herald Editor and Herald on Sunday Editor and has a small shareholding in NZME.
