By Simon Shepherd
The public will not be able to hear the contents of the “teapot tapes” before Saturday’s election.
An Auckland judge has decided not to decide on whether the conversation between John Banks and John Key was private, in case the ruling interfered with a police investigation, which is already underway.
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Within hours of the judgement, police executed search warrants on two media organisations.
Legal expert Steve Price, of Victoria University, says “it’s still an open question” whether or not the tapes are private.
“For the media, there’s no real indication about whether they should go and publish or if it’s safe for them to do so,” he says.
Freelance cameraman Bradley Ambrose, who recorded the chat, wanted the High Court to declare it a public conversation.
However, Justice Winkelmann ruled that “such a declaration will likely disrupt and confuse the conduct of the police investigation, and perhaps prejudice the administration of justice”.
Police are investigating because Mr Key laid a complaint, and the judge says that comes first.
“I have not reached any view on whether this was a private conversation... my decision turns on the inadequacy of the evidentiary material before me... and the inappropriateness of my undertaking a mini-trial.”
Mr Key’s happy with whatever the courts decide, and says he’s got other things to do.
“I am not focussed on that – whatever it will be it will be,” he says.
Phil Goff says Mr Key’s protection of the tape has raised concerns.
“You’ve got to ask why he's gone to such lengths to protect what he said was a bland conversation,” he says.
“Why has he spent so much of the taxpayer’s money and police time, when there are some real issues to be fronted up to?”
Mr Ambrose wouldn’t comment on the decision – he and the public now have to wait for the police to decide if the conversation was private.
3 News