Latest news with #JevonMcSkimming
Scoop
2 days ago
- Politics
- Scoop
High Court Judge Urged To Consider Public Trust In McSkimming Case ‘Superinjunction' Decision
Press Release – Free Speech Union Even if a powerful individual is not charged or is found not guilty, the public should still have access to the facts in order to make their own informed judgments about his character. The High Court judge has reserved her decision on whether to maintain the 'superinjunction' in Jevon McSkimming's case, which currently disables the media and public from discussing the details. The Free Speech Union urges the Court to consider the damage to public trust caused by excessive secrecy, says Stephen Franks, Free Speech Union Council Member. 'The Court should uphold the speech rights of all New Zealanders by allowing the media, and therefore the public, to scrutinise matters of genuine public interest. The public should be free to discuss the conduct of their officials and form their own opinions on matters. 'The media play a crucial role in enabling Kiwis to seek and receive information. The High Court set a dangerous precedent by limiting this freedom. The public's ability to discuss cases should be prioritised in court decisions. 'Even if a powerful individual is not charged or is found not guilty, the public should still have access to the facts in order to make their own informed judgments about his character. 'We urge the judge to consider the full weight of the damage done to public trust in courts, lawyers, and judges when they act as if only they can be trusted, while the 'little people' are kept in the dark. 'Suppression is bad, whatever the outcome.'
Scoop
3 days ago
- Politics
- Scoop
High Court Judge Urged To Consider Public Trust In McSkimming Case ‘Superinjunction' Decision
The High Court judge has reserved her decision on whether to maintain the 'superinjunction' in Jevon McSkimming's case, which currently disables the media and public from discussing the details. The Free Speech Union urges the Court to consider the damage to public trust caused by excessive secrecy, says Stephen Franks, Free Speech Union Council Member. 'The Court should uphold the speech rights of all New Zealanders by allowing the media, and therefore the public, to scrutinise matters of genuine public interest. The public should be free to discuss the conduct of their officials and form their own opinions on matters. 'The media play a crucial role in enabling Kiwis to seek and receive information. The High Court set a dangerous precedent by limiting this freedom. The public's ability to discuss cases should be prioritised in court decisions. 'Even if a powerful individual is not charged or is found not guilty, the public should still have access to the facts in order to make their own informed judgments about his character. 'We urge the judge to consider the full weight of the damage done to public trust in courts, lawyers, and judges when they act as if only they can be trusted, while the 'little people' are kept in the dark. 'Suppression is bad, whatever the outcome.'
RNZ News
3 days ago
- General
- RNZ News
Judge reserves decision on injunction on Jevon McSkimming investigation
Former Deputy Commissioner Jevon McSkimming. Photo: Getty Images A High Court judge has reserved her decision on whether the media should be allowed to report the nature of the allegedly objectionable material found on former deputy commissioner Jevon McSkimming's work computer. McSkimming resigned as the country's second most powerful cop last month amid a four-month investigation by the Independent Police Conduct Authority and police. His resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended. RNZ earlier revealed pornography found on McSkimming's work computer is being investigated as alleged objectionable material. He declined to comment on the allegations through his lawyer. His lawyer Linda Clark was earlier granted a rare "superinjunction" by Justice Grau that prohibited reporting the nature of the allegedly objectionable material, as well as the existence of the injunction itself. A teleconference was then held by Justice Gwyn from the High Court at Wellington to discuss the injunction with Clark, the police, and legal counsel for RNZ, Stuff and NZME. Following the conference, the order prohibiting publication of the nature of the allegedly objectionable material was continued, but the order prohibiting the existence of the injunction was not continued, meaning RNZ could report the fact of McSkimming's application and the interim result. On Tuesday, a hearing was held in the High Court at Wellington before Justice Karen Grau in relation to the injunction. RNZ, NZME and Stuff were jointly represented by Robert Stewart KC. McSkimming's lawyer, Linda Clark, began proceedings by telling the court she was seeking orders extending the current interim orders prohibiting media from disclosing the nature of the allegedly objectionable material reportedly found on his work device or devices. The order was sought until further orders of the court. Clark alleged information deemed "essential" to the investigation had been leaked to the media who were intending to publish the information. She said the orders sought were necessary to protect the rights of someone who is subject of an ongoing police investigation and who may yet be charged with a criminal offence. The information gathered during the police investigation was "confidential", she said. In relation to public interest, she said there was already information in the media about McSkimming. She said the public interest would be served in the event he was charged and stood trial. McSkimming was on notice that the police investigation was into material purportedly found on his devices. He had been told he would be invited to a formal interview, however, no request has been received to date. A police document, classified as "confidential", would be "the centrepiece of any criminal prosecution," Clark said. "It's on the basis of that information that the police can decide whether to continue the investigation, whether to look further and whether to charge, and what to charge." She said there was also an issue in terms of privacy, and said a person under criminal investigation, prior to being charged, has a reasonable expectation of privacy in respect of information relating to the investigation. Clark said she was trying to "preserve Mr McSkimming's rights to engage the Criminal Procedure act if and when he's charged". She said that every time police had provided some substantive piece of information to McSkimming it had appeared within the media "in a day or two days without exception". Clark said there was public interest in McSkimming's situation. She said public interest had been served to date. "If he is charged... there will be further opportunity for media to publish more information on charges themselves and during and after any trial," she said. "But publication now of any more information about the nature of the objectionable material found on his computer will cause serious and irreversible harm." It would harm his reputation, curtail his ordinary rights under the Criminal Procedure Act, and in the event he was charged and elected trial by trial, it could impact his chance of trial by jury. "At this time he's still an innocent man who is entitled to all of the protections of a fair trial and the right to seek suppression orders." Stewart KC said a memorandum from police said they were still investigating, and no charging decision had been made. He said there was two sorts of harm that could be considered, one of which was harm to the police investigation. He said the police had no concern that further disclosure of the material would impact their investigation, or impact their decision whether or not to charge. In relation to right to a fair jury trial, Stewart KC said juries can be trusted to obey judicial directions about only dealing with the charges based solely on the evidence and to ignore pre-trial publicity. In relation to privacy, Stewart KC said McSkimming was "quite clearly" a public figure. "There is a huge public interest in these investigations into Mr McSkimming's abrupt resignation from office, first working day after he had been provided with the material by the Public Service Commission." In an affidavit, McSkimming said he resigned because he didn't want the Prime Minister or anyone else having to see what was in the reports. "The only fair way of summarising it is he jumped before he was pushed," Stewart KC said. "The public have a right to understand a little bit more about the nature of the material that led to that." Stewart KC said his clients submitted that if the interim restraint should be continued, then "matters should be left to take their course, if there is to be any restraining at all, it should be as limited as possible for as short as possible." Crown prosecutor Stephanie Bishop, appearing for police, told the court that police did not oppose the application.
RNZ News
3 days ago
- General
- RNZ News
Media fight injunction on details about Jevon McSkimming investigation
Jevon McSkimming. Photo: Getty Images The High Court is set to hear arguments about whether the media should be allowed to report the nature of the allegedly objectionable material found on former deputy police commissioner Jevon McSkimming's work computer. McSkimming resigned as the country's second most powerful cop last month amid a four-month investigation by the Independent Police Conduct Authority and police. His resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended. RNZ earlier revealed pornography found on McSkimming's work computer is being investigated as alleged objectionable material . He declined to comment on the allegations through his lawyer. His lawyer Linda Clark was earlier granted a rare "superinjunction" by Justice Grau that prohibited reporting that disclosed the nature of the allegedly objectionable material, as well as the existence of the injunction itself. A teleconference was then held by Justice Gwyn from the High Court at Wellington to discuss the injunction with Clark, the police, and legal counsel for RNZ, Stuff and NZME. Following that conference, the order prohibiting publication of the nature of the allegedly objectionable material was continued - but the order prohibiting the existence of the injunction was not continued, meaning RNZ could report the fact of McSkimming's application and the interim result. On Tuesday, a hearing will be held in the High Court at Wellington in relation to the injunction. RNZ, NZME and Stuff will be jointly represented by Robert Stewart KC. The IPCA earlier announced it was investigating allegations of misconduct by McSkimming following a complaint from a member of the public . It is also conducting an investigation into if there was misconduct or neglect of duty by any other police officers or employee in responding to the allegations. Police Commissioner Richard Chambers said in an earlier statement that he appreciated that the resignation of McSkimming raised questions, but said the criminal investigation couldn't be "compromised by commenting on the circumstances of it at this point". "However, I can say that I have always made it very clear that trust and confidence in police is a top priority for me as commissioner," Chambers said. "I take very seriously anything that puts trust and confidence and the reputation of police at risk and will act to address it." McSkimming's resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended. Mitchell said McSkimming resigned before he could be dismissed. He did not say what the allegations were. Mitchell said the Policing Act was "very clear". "A deputy commissioner of police must be a 'fit and proper' person. They are rightly held to the highest standards of conduct and this new information called into serious question Mr McSkimming's fitness for office. "When Mr McSkimming was invited to respond to these allegations he chose to resign. Mr McSkimming's resignation has confirmed my view that his continuation in the role was untenable." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
26-05-2025
- Politics
- RNZ News
McSkimming: Police find 'no evidence of improper process' of individual firearms licenses
Photo: RNZ / REECE BAKER Police have found "no evidence" former Deputy Police Commissioner Jevon McSkimming acted inappropriately in relation to the vetting process for firearms licences. Last week RNZ asked police for comment on allegations that McSkimming had interfered with the vetting process for firearms licences. McSkimming strongly denied the allegation, and released a statement through his lawyer. "As the overall operational lead on firearms, at one time Mr McSkimming raised issues about how the vetting process was being applied. He took those concerns to the Executive Leadership Team and, following discussion at the ELT, the process was subsequently modified." On Monday, Deputy Commissioner Tania Kura said the police had looked into the allegation and "found no evidence of improper process relating to individual firearms licenses". "In August 2024, Mr McSkimming instructed the Firearms Safety Authority to make a change in the vetting process. Mr McSkimming had the appropriate delegation to instruct that change, both as executive lead for the work of the Firearms Safety Authority and as the statutory Deputy Commissioner of Police." The matters were not related to the criminal investigation into McSkimming, Kura said. "That change directed there be no further use of Police Infringement Bureau information when considering the suspension, refusal and revocation (including section 62) of firearms licenses and endorsements. It related to information on driving-related infringement notices. "Driving-related convictions, charges and formal police warnings can still be considered when relevant and appropriate." McSkimming resigned as the country's second most powerful cop earlier this month amid a four-month investigation by the Independent Police Conduct Authority and police. His resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended.
