Facebook court comments under spotlight

The Crown Law Office is conducting a review of internet publication, after recent cases raised questions over contempt of court and suppression order breaches.

Debate was sparked during Clayton Weatherston's murder trial this year when social networking websites posted comments from people assuming his guilt.

A Facebook page was created entitled "Clayton Weatherston is a murderer". Website Kiwiblog also had opinions posted about the former university tutor's guilt.

The Crown Law Office is investigating both groups to determine if there was any contempt of court.

The investigation was part of a larger look at the internet and how it was used during court trials.

"This is just an ongoing look at these matters to try and get some sort of idea on where things can go," a Crown Law Office spokeswoman told NZPA.

"But as you are aware, it's extremely difficult."

The spokeswoman pointed to the legal wrangle after beekeeper Ken Richards died in 1994 when an army-built bridge collapsed on the Keith and Margaret Berryman's King Country farm.

A coroner's inquest largely blamed the Berrymans for the bridge collapse, after the army told the coroner "there was nothing in the entire construction of the bridge that contributed to the accident".

The army made this statement even though their "Butcher Report", had in fact found a "litany of failing" in the bridge's design and construction.

That report was not made available to the coroner.

Their lawyer Rob Moodie later released the report to TVNZ and published it on the internet, prompting contempt proceedings against him by the solicitor-general.

Dr Moodie posted the report onto an overseas service provider, which "you don't have any control over", the spokeswoman said.

"So it's a wider issue that is going to take some time in looking at."

Suppressed information was also posted on the internet during the trial of three police officers, including former assistant commissioner Clint Rickards, on historical sex offences.

The spokeswoman would not say what options the office could take, but it would closely monitor the internet for further breaches.

University of Canterbury law faculty associate professor Ursula Cheer told Law News magazine the Weatherston, Berryman and Rickards cases were an example of a growing internet trend.

More people were blogging and placing information on the internet, either without considering the legal implications, or in contravention of legal rulings because they felt strongly about an issue, she said.

"The onus is now really more and more on the solicitor-general."

The time was near when an example would have to be made of someone who had breached the rules on the internet, Prof Cheer said.

- NZPA