The Supreme Court today sent back to the Court of Appeal an appeal involving French spies Alain Marfat and Dominique Prieur.
The pair were convicted of the Rainbow Warrior bombing and are trying to stop TVNZ screening footage of their 1985 court appearance.
The Supreme Court today ruled the Court
of Appeal had jurisdiction to hear an appeal by the agents.
It was the pair's third attempt to stop TVNZ showing the clip filmed during a 1985 Auckland District Court committal hearing, which has never been released.
Mafart and Prieur bombed the Greenpeace ship Rainbow Warrior in Auckland Harbour 20 years ago, killing photographer Fernando Pereira.
They were jailed for 10 years but transferred to Hao Atoll in the Pacific in July 1986 and repatriated to France soon after.
The couple's lawyer, Gerard Curry, told New Zealand's highest court last year the Court of Appeal was wrong to uphold a ruling by the High Court in May 2005 allowing TVNZ to inspect and copy two videotapes containing closed circuit television footage of Mafart and Prieur's committal hearing.
The Court of Appeal said it did not have jurisdiction to consider the case because it was a civil issue involving administrative rules of the court, rather than a criminal matter.
Cameras were not allowed in courtrooms when Mafart and Prieur faced charges in 1985 but media organisations can now apply for the right to film or photograph in court.
TVNZ lawyer William Akel said it was a straight statutory interpretation and there was no issue of jurisdiction.
He also argued the appeal court was right to hear the matter because it was of sufficient importance to invoke a legal "leapfrog" over the High Court.
- NZPA
