Jevon McSkimming – Privacy And Democracy Vs Journalists
Is Former NZ Deputy Police Commissioner Jevon McSkimming a victim of a malicious and orchestrated rumour? Was the rumour designed to derail his candidacy from New Zealand's next Police Commissioner and secure the role to Richard Chambers?
Since the time the news broke that NZ's next Police Commissioner was shortlisted to two candidates, I have been following that media trail. It was therefore an interesting article to read, shortly after, that one of the candidates had been stood down from employment duties. The media article reported that there was a pending investigation and gave some detail about the allegation.
What was then unfortunate to read but fairly common in New Zealand's media, was a small number of journalists who continued reporting details of the allegation. Such conduct by journalists I find very frustrating and it would seem they have ignored that Mr McSkimming has minimum rights afforded to him under New Zealand's laws. These laws include the Bill of Rights Act, the Privacy Act and the Employment Relations Act.
Section 27 of the Bill of Rights Act (BORA), afford Mr McSkimming to the Right to Natural Justice. It sets out -
(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
(3) Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.
To then read that journalists and the Minister of Police continued to publicly share their personal views and report details of the allegation – is beyond belief.
I don't think journalists have yet learnt that their power of the pen or words they publish can perpetually harm a person's livelihood, their family's livelihood and in the case of Mr McSkimming, forever destroy his reputation and career. This impact still eventuates if he is found innocent of the allegations that journalists and Minister Mitchell are reporting.
There is also the possibility the allegations were designed to derail Mr McSkimming's role as the next Police Commissioner. If so, the orchestration and malicious leaking were successful in the objective.
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