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Home / New Zealand

Colin Craig v Rachel MacGregor: 'I refuse to be revictimised by you, Mr Craig'

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
1 Oct, 2018 02:48 AM4 mins to read

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Colin Craig arrives at Auckland High Court on the second day of trial. Video by Brett Phibbs

Interruptions, confusion and dirty politics fill the Colin Craig and Rachel MacGregor defamation trial transcript.

"What are you going to ask?" Justice Anne Hinton asked the former Conservative Party leader today in the High Court at Auckland.

The case is now well into the second day of Craig's cross-examination of his former press secretary.

"Can I put questions to Miss MacGregor about this document?" Craig asked the judge.

She replied: "What questions are you wanting to put?"

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The accountant by trade was referring to a Radio NZ report about dirty politics and Nicky Hager's book of the same name.

Craig has produced evidence, to an exact percentage point, of how much media attention was given to the topic during the 2014 general election campaign.

"Can I produce that as exhibit two?" Craig asked.

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"Why are you producing that, Mr Craig?" Justice Hinton replied.

However, the article was essentially muted after MacGregor said she couldn't remember reading the report.

Rachel MacGregor has been on the witness stand for days. Photo / Brett Phibbs
Rachel MacGregor has been on the witness stand for days. Photo / Brett Phibbs

Craig then produced another dirty politics article - this time from "Whale Dump".

"Is this in the bundle?" MacGregor's lawyer Hayden Wilson asked Craig.

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"How much are we going to deal with that is not disclosed or in the bundle?"

MacGregor, who has stood in the witness box throughout her cross-examination, has on several occasions asked her former boss to clarify what page of his many bundles of evidence he was reading from.

"You're already on that page," the former TVNZ journalist said at one point.

"Well, I'd turned back but if we are already on this page - that is excellent," Craig replied.

Justice Hinton has also had trouble following Craig's line of questioning.

"What page are we on?" she said this afternoon.

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"We are on 1089, your honour," Craig replied.

Craig and MacGregor are suing each other over several claims of defamation. It is one of many defamation proceedings to emerge from the rubble of the 2014 election.

"I refuse to be revictimised and revictimised by you, Mr Craig," MacGregor said today.

Last May, during Craig's defamation trial with Whale Oil blogger Cameron Slater, MacGregor was also cross-examined for two full days.

Today, Craig also proposed to ask MacGregor about a Newstalk ZB interview Slater gave.

"What are you proposing to ask?" Justice Hinton interrupted, closing her eyes.

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"This has got nothing to do with Miss MacGregor, she is not a party to the conversation."

Justice Anne Hinton is presiding over the trial. Photo / Michael Craig
Justice Anne Hinton is presiding over the trial. Photo / Michael Craig

MacGregor has also accused Craig of taking documents and news articles out of context during his questioning of her.

"I'm just getting tired so if you could get to your point it would be really appreciated?" MacGregor said.

Wilson asked for an early afternoon adjournment.

"This is quite hard going," he said.

Justice Hinton replied: "Yes it is, and I've commented on that earlier."

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The judge also asked her registrar to investigate the high temperature in the courtroom.

"It makes everyone just a bit short-tempered," she said.

Colin Craig smiles as he arrives at the High Court. Photo / Brett Phibbs
Colin Craig smiles as he arrives at the High Court. Photo / Brett Phibbs

The two-week trial, which began last week, dates back to when MacGregor was hired as Craig's press secretary in 2011.

However, just two days before the 2014 election MacGregor quit as press secretary and later filed a sexual harassment complaint against Craig.

The former politician's wife, Helen, said in evidence last week MacGregor had admitted to having an emotional affair with her husband.

She also learned Craig had kissed MacGregor on election night 2011 and touched her breasts.

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"I was not happy with Colin that he promised Rachel not to tell me about the election night incident," Helen Craig said.

A confidential settlement between Craig and MacGregor was reached in May 2015.

But details of it were leaked and in 2016, Craig was ordered to pay MacGregor more than $120,000 by the Human Rights Review Tribunal after it ruled he breached the agreement in media interviews.

Hayden Wilson, Rachel MacGregor's lawyer, has questioned the relevance of Colin Craig's questioning of his client. Photo / Michael Craig
Hayden Wilson, Rachel MacGregor's lawyer, has questioned the relevance of Colin Craig's questioning of his client. Photo / Michael Craig

Craig argues MacGregor defamed him three times.

Firstly by what MacGregor told New Zealand Taxpayers' Union founder Jordan Williams, then in a media release by MacGregor in June 2015, and also in a tweet on the same day.

MacGregor's lawyers, Linda Clark and Wilson, claim she was defamed in four instances.

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Twice in two press conferences held by Colin Craig, in a booklet titled Dirty Politics and Hidden Agendas which was delivered to 1.6 million Kiwi households, and in a letter to Conservative Party members.

MacGregor's lawyers argue Craig defamed the now public affairs manager by alleging she made false claims of sexual harassment.

Craig withdrew his claim for damages on day one of the trial after he became aware MacGregor could not pay him if he won the case.

The trial and cross-examination continues.

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