National MP accuses Dalziel of contempt of court

11.45am

National MP Judith Collins is laying a complaint with the Solicitor-General alleging Immigration Minister Lianne Dalziel is in contempt of court after brandishing on television a letter containing legal advice to the recently deported Sri Lankan teenager.

Ms Dalziel has claimed the girl's lawyer mounted a "deliberate campaign of manipulation" of public opinion to keep the 16-year-old here.

Notes by lawyer Carole Curtis, which were leaked to TV3, set out a strategy for keeping the girl in New Zealand, including going to the commissioner for children, the Asian Women's Refuge, the prime minister and, as a last resort, the media.

The teenager and her grandmother fled to New Zealand via Hong Kong in 2002.

The girl, who told authorities she had been sexually abused by relatives and that she feared for her life if she returned to Sri Lanka, was twice refused refugee status and deported last Thursday.

Ms Collins said today on National Radio that she had been watching TV3 news on Monday when she saw the minister hold up the letter that included the legal advice.

"I immediately thought this looks to me like legally privileged information and it should not be being released."

Ms Collins, a lawyer, said she was "appalled" the minister had access to the handwritten notes of the lawyer which had also included the strategy of applying for a judical review.

"It is advice between a lawyer and a client. That is a breach of legal privilege.

"This is an absolute outrage."

She wanted to know who had given the information to TV3 and why it was disclosed.

It did not really matter who gave it to the minister, Ms Collins said.

"The minister is an officer of the court. She's a lawyer. She should know better."

Ms Collins said she had made some inquiries and it appeared the information was taken from the girl's room at the Mangere centre after she had been "physically removed".

Immigration officials had collected all of her belongings and the question was whether they had obtained the letter, Ms Collins said.

Ms Dalziel told National Radio the head of the refugee branch of the Immigration Service became aware of the letter nine months ago.

The letter had been faxed to the Mangere centre and a staff member who saw it raised it with the centre's manager because of the comments over the campaign to keep the girl here.

"He also told the manager that he did not copy it and as far as I'm concerned the information was not sourced from the Mangere centre."

She had received a copy of the letter on Monday.

"I'm not going to say where the letter came from. I had a copy of it independently of TV3," Ms Dalziel said.

It did not come from her officials, she said.

"We didn't spy on her.

"It came essentially via a third party because the Sri Lankan community and others who have been identified on this were asked to get in behind this particular case and they decided not to. They had heard the fictitious story that had been presented by the girl right from the very outset by the grandmother."

The minister said she had contemplated releasing the letter because the whole story had not been told, and it had become common for people to attempt to "win in the court of public opinion what they can't win in a court of law".

"There's been a deliberate public strategy to only put half the story in the public arena and that is very upsetting."

No one had sought help for the girl for the sexual abuse when she arrived here, and her grandmother had first made her lie to the refugee appeals authority before later revealing the sexual abuse.

The grandmother has admitted she invented an initial story of political persecution after an agent who obtained her false passports told her a claim based on family problems would fail.

Ms Dalziel said the Refugee Status Appeals Authority had considered the case thoroughly, as had Associate Immigration Minister Damien O'Connor, and the High Court.

"... there were no grounds for her to remain in this country."

Ms Collins today rated her chances of getting a contempt of court charge laid against the minister "significantly better" than should have been possible against National MP Nick Smith.

Dr Smith faces contempt of court charges after publicising details of a Family Court case involving a Nelson family last year.

Ms Collins said she was asking the solicitor-general to respond to her letter within 24 hours.

Ms Curtis today told National Radio it was untrue to say the girl's lawyers had drummed up interest in the media.

The media had approached her and the girl's other lawyer after the High Court case in January.

"We've answered every question we've been asked but we have not conducted ... any media campaign. I mean, that's just absurd."

Her handwritten notes had been on a letter to the girl and her grandmother from the Refugee Status Appeals Authority saying they had lost their appeal.

"I set out some of the things we might look at."

The TV3 journalist had told her the information had arrived in a plain envelope on his desk on Monday.

- NZPA