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Defenders OK with photos

BY JEFF NEEMS
Last updated 12:00 08/02/2010

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Senior Hamilton defence lawyers are comfortable about a police "name and shame" campaign to find 11 of the Waikato's most wanted men.

The front page of Saturday's Waikato Times featured photographs, names and ages of 11 men wanted for offences including indecent acts, burglary, theft and cannabis-related crimes. Police were this morning unable to confirm whether any of the men had been caught over the weekend.

Philip Morgan QC said the publication of the list, the photographs and the men's names appeared to be in the interests of community safety and he "had no objection to it".

"In each case there was an existing warrant to arrest, so there couldn't really be any major privacy issues," Mr Morgan said.

His only concern was that the "name and shame" campaign could hinder a right to a fair trial, "but it's most unlikely there's any real issue there", Mr Morgan said.

Roger Laybourn, another of Hamilton's prominent defence lawyers, echoed Mr Morgan's views, and believed the existing arrest warrants for the 11 men made it an appropriate measure for police to take.

"Overall, my reaction to it is positive. I believe when we've got people who have been convicted, and are not complying with sentences, then the issues relating to civil liberties are significantly less," he said.

"But if I had an existing client whose guilt or otherwise hadn't been determined, then I would be unhappy, because the image cries out `criminal'. Care has to be taken as to who is selected."

However, Mr Laybourn said he felt the "name and shame" type campaigns were a "medieval concept" not unlike putting people in stocks and throwing rotten fruit and vegetables at them. He noted that a suspect's rights could be undermined by excessive publicity before a hearing.

Michael Bott, a Wellington barrister who is the media spokesman for the Council For Civil Liberties, said the publication of the names and photographs could compromise a fair trial for any of the men pictured.

"But if there is a risk to the public, then obviously it makes sense to advise the public and warn them, and there are good grounds for it," he said.

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- © Fairfax NZ News

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