Police raid of Investigative Journalist’s house ruled illegal – this is a war on journalism
By Martyn
Bradbury
Hager wasn’t a
suspect, he was a journalist with legal protections that the Police
simply overrode without a seconds thought because his work had
humiliated and embarrassed the Government.
18
December, 2015
Just
read that headline again for a second, Police raid of
Investigative Journalist’s house ruled illegal.
Where
would you expect that kind of headline?
A
third world banana republic? A harsh authoritarian middle eastern
country, or soviet satellite state or CIA client government?
The
ruling that the Police illegally raided Nicky Hager’s home should
force immediate attention on this issue by every media outlet in our
country. This is a war on journalism being quietly waged by the
Government via the Police force. The abuse of power is remarkable
and there needs to be an immediate investigation into how this was
allowed to occur and whether there was any political interference in
this raid.
Hager
wasn’t a suspect, he was a journalist with legal protections that
the Police simply overrode without a seconds thought because
his work had humiliated and embarrassed the Government.
Police searched and seized computers, phones and personal records from Mr. Hager’s home. They also intimidated Mr. Hager’s daughter (who was home at the time) by forcing her to dress in front of an officer and relinquish her personal computer. In addition, they asked a number of service providers to give them access to Mr. Hager’s personal details without a warrant or production order. Most of the service providers refused or asked for a warrant but at least one, the financial corporation Westpac, gave up eight month’s worth of Mr. Hager’s transaction records without asking the Police for a legal instrument compelling them to do so.
We
now know…
- The Police were investigating Hager before a complaint was even registered.
- The speed with which they raided Hager’s home is incredible compared against similar crimes and lack of Police action on those.
- The Police also gained the information of 2500 NZers who holidayed in Vanuatu and there’s been no explanation what has happened to those peoples private information.
- Police threatened companies with legal action if they didn’t hand over information.
- Police didn’t bother with gaining search warrants for this information.
- Westpac damaged Hager’s credit rating based on being approached by the Police.
- Former National Party Minister of Justice Simon Power went to work at Westpac.
…why
was there an immediate investigation? Who ordered that?
The
Search and Surveillance powers the Police are trying to justify
their illegal activity were passed to fight organised crime and
terrorists. This all should alarm people because the Police
have a history under this Government of breaking the law, and John
Key just rolling up and pass retrospective legislation simply
legalising their illegality. That creates a Police force who
become a law unto themselves.
The
Secret Intelligence Agency agreed to work with the PMs Office to
falsely smear Phil Goff months before the 2011 election. To have the
Prime Minister’s Office and the SIS collude to work together, how
much of a jump is it to suggest the Police and the Government have
colluded in this case against Hager?
Because
if that’s true – there must be a push back against this type of
abuse of political power.
Yes
your house is over valued and that gives you a sense of slim
security, but we can’t let this sort of thing happen. Cops raiding
journalists homes for exposing abuse of power, that’s not NZ.
We
are better than this.
Bryce Edwards’ Political
Roundup: Dirty Politics
won’t die
By Bryce
Edwards -
Yesterday’s
landmark judicial ruling against the Police for raiding Nicky Hager’s
house is just the latest chapter in the ongoing saga of Dirty
Politics. Image: Nicky Hager - at the Dirty Politics book launch.
Political
Roundup by Dr Bryce Edwards.
Last
year’s Dirty Politics bombshell keeps going off. The ruling by the
High Court against the Police for raiding Nicky Hager’s home is an
important judgement in yet another busy year for the various Dirty
Politics characters.
Yesterday’s
landmark judicial ruling against the Police for raiding Nicky Hager’s
house is just the latest chapter in the ongoing saga of Dirty
Politics. For the best coverage of the ruling, see David
Fisher’s Police
house raid on investigative journalist Nicky Hager found to be
unlawful.
For
an explanation of why the judgement is so important for democracy and
the public, see Regan Schoultz’s Hager
decision: Why you should care and
Matt Nippert’s Nicky
Hager police raid ruling a win for journalism.
Both pieces make significant points about the need to have properly
functioning mechanisms that hold the powerful to account, and say the
police raid undermined that mechanism.
But
for the hardest-hitting criticism of the Police, see Gordon
Campbell’s On
the Police harassment of Nicky Hager.
His short must-read column paints a picture of the Police acting as
blatant stooges for the political Establishment, to take out a
critic. And he warns that it will continue to happen.
Hager
spoke about his victory and the “strange” actions of the police
in a five-minute interview with Alison Mau – see: Hager:
Police raid ‘weird overkill’.
Attention
is now turning to the question of how the Police could get this case
so wrong. Various politicians and partisans are pointing the finger
at the National Government’s role in the saga – see Greg
Presland’s blog post, What
was National’s role in the police raid on Nicky Hager? and
Sam Sachdeva’s Nicky
Hager case ‘raises questions’ about political pressure on police
– MPs.
To
understand the case properly it’s worth going back and looking at
some of the material from the court case in July. Alastair Thompson
of the Scoop website used the Official Information Act to obtain the
various court documents relating to the case – see: Inside
The Hunt For Rawshark – Hager Raid Court File and Inside
The Hunt For Rawshark – Hager Raid Court File Part 2.
This includes my own affidavit, which you can read together with
other Dirty
Politics material.
The
court case itself was also covered in depth by Jon Stephenson –
see: Nicky
Hager Case – Breaking News Reportage.
See also Giovanni Tiso’s essays, The
Life and death of the political author and The
raid.
Of
course, it’s also worth remembering the way the Police carried out
their investigation, using controversial methods – see my October
column, Libertarians
against dirty politics.
And
for more on the police investigation of Rawshark, see Paul Buchanan’s
latest blog post, The
Impunity Files, Police Edition: Trolling for Rawshark,
and Juha Saarinen’s Hager,
Whale Oil, Dirty Politics, Rawshark, and what the police should have
done.
Cameron
Slater’s ongoing Dirty Politics
You
probably shouldn’t trust anything written in this column. At least
that’s what Cameron Slater would have you believe. Slater has just
launched his latest project with co-conspirator Simon Lusk, which
includes an evaluation of political journalists and commentators. The
first issue of their monthly Incite newsletter came out on Tuesday,
and it labelled my work as “Not to be trusted” and gave me an
evaluation of two out of ten. Other pundits and journalists fared
worse – Richard Harman got 8/10, followed closely by Barry Soper on
7/10. At the other end of the scale, Rachel Smalley would have been
very happy with her 1/10.
For
an amusing review of the new publication, see Danyl Mclauchlan’s
blog post, Why
You Need Incite in Your Life – a Review of Cameron Slater’s $35
Monthly Newsletter.
See also Pete George’s Incite
review.
For a more favourable spin, published on Slater’s Whaleoil blog,
see Inside
Incite (and why you should subscribe).
Pete
George blogged that Slater’s Whaleoil blog could be in a perilous
state – see: Conflict
at Whale Oil.
This blog post reports a testy exchange between Slater and the blog’s
apparent co-owner, and in the comments section there are further
revealing discussion from former Whaleoil volunteers.
Part
of Whaleoil’s decline is financial, and the latest advertiser to
pull the plug is entrepreneur Rod Drury – see Matt Nippert’s Xero
boss withdraws advertising from Whaleoil.
According to this article, “Rodney Hide has confirmed he was
probably behind a series of Whaleoil posts attacking Xero that led
Rod Drury to suspend advertising on the controversial blog.”
Not
all is going badly for Slater however. He has was the first case of
complaint for the new Online Media Standards Authority, and he won –
see David Farrar’s OMSA
rules in favour of blogger.
Slater
also brought out a slim book this year about trade unions, titled
“Dodgy Unions”, which got a very positive review on Amazon by a
certain “B Edwards”, explained by blogger Pete George in his
post Which
B Edwards? This
was followed by a more legitimate evaluation: Dodgy
Unions – review.
And it got the usual endorsement from Scott Yorke – see: Why
you should get Cameron Slater’s book.
Slater
also got some heat from his National rival Michelle Boag, who made
further Dirty Politics-style claims about his activities – listen
to RadioLIve’s Are
Kiwi bloggers taking payment to stay silent? Slater
categorically denied the allegation – listen to: Cameron
Slater denies Michelle Boag’s claim he takes payment for silence.
The
“Exoneration” of Judith Collins
The
reappointment to Cabinet of one of the main politicians in Dirty
Politics has irked Nicky Hager, especially because of accompanying
claims she had been exonerated – see Hager’s blog post, Spinning
the return of Judith Collins.
Collins
herself explains why she feels “pretty damn vindicated, frankly”
in Tracy Watkins’ article, Judith
Collins – ‘exonerated, vindicated’ and on the comeback trail.
Watkins also reports on the various objections that might be made
about her claims of exoneration.
For
an examination of the official “Chisholm inquiry into Allegations
concerning Judith Collins”, blogger Peter Aranyi has used the
Official Information Act to obtain all of the witness transcripts,
testimony and evidence for the inquiry – you can read all 60 of
them here: Judith
Collins Lester Chisholm Inquiry evidence.
Aranyi
has commented on these files at length in follow up blog posts such
as Who
was actually on trial? and ‘Taking
one for the team’.
In the latter he discusses the transcripts of the inquiry, as well as
Slater’s lessened financial situation, and concludes: “Maybe he
could get an honest job. Does Mrs Collins need a press secretary?”
He also highlights an extract on how Slater’s wife felt about the
Dirty Politics controversy.
Celebrating
the return of Collins, Matthew Hooton declared “It’s good to
again know with certainty there is at least one right-wing minister
in John Key’s cabinet” – see his NBR column, Collins’
return a good signal to the right (paywalled).
In
this column he reflects on how Collins might yet become National
Party leader: “Her moment comes if and when the public develops
fatigue with Mr Key’s blancmange style of politics and perceives
his government’s lack of a serious reform programme will only ever
deliver slow relative economic decline”. Hooton argues that “the
idea of a future Collins leadership is no longer as fanciful as it
was 15 months ago, when the media mob so disgracefully drove her from
office relying on the unsubstantiated testimony of a blogger.”
And
for a faux-women’s magazine exclusive on Collins’ return, see
Andrew Gunn’s Crusher
Collins awakens the Force.
Here’s John Key on why Collins had to be let back into Cabinet:
“Judith’s always been really good at projecting the National-led
government’s core philosophy. And I’d much rather she was inside
the tent projecting out than outside the tent projecting in”.
Simon
Lusk’s dirty politics
The
most shadowy figure in Dirty Politics was self-declared political hit
man Simon Lusk, who Duncan Garner profiled and interviewed last month
on TV3’s Story – watch the nine-minute item: Shadowy
political figure’s motto: ‘Dominate, intimidate and humiliate’.
The
story involved claims by Lusk that he paid “people, on behalf of
clients, to get a certain voting outcome”, which Garner examined in
a follow up item, Lusk
goes public on ‘koha to vote’.
There
were also allegations of Lusk targeting and befriending Labour
politicians. The supposed links to MP Stuart Nash were then examined
in the six-minute item, Nash
embarrassed by links to Simon Lusk.
And a threatened campaign against another MP was explained by Isaac
Davison in Phil
Twyford won’t be intimidated by smear campaign.
All
of these issues were then examined by RNZ’s Mediawatch –
see: Dirty
Politics players back in the frame.
Earlier
in the year Lusk also published a book – see David Farrar’s Lusk:
A Campaign Professional’s Guide to Winning New Zealand Campaigns.
Rachel
Glucina and Scout
The
gossipmonger at the centre of Dirty Politics, Rachel Glucina, has
made plenty of news herself this year. For a good backgrounder on
Glucina and the controversies she caused, see: Rachel
Glucina: the queen of gossip.
Much
of her notoriety in 2015 came out of her coverage of Ponytailgate for
the Herald, which received criticism from the Press Council – see
the Herald’s story, Press
council rules against Herald on ‘Ponygate’ interview.
The
Prime Minister’s Office was also caught up in the controversy,
especially after it “declined to make public conversations or
messages with former New Zealand Herald writer Rachel Glucina over
Auckland’s Cafe Rosie” – see Andrea Vance’s Ponytailgate
correspondence with gossip columnist probed.
Glucina
left the Herald for a new job at Mediaworks. Upon this announcement
there was a raft of humorous tweets and speculation on Glucina’s
likely influence and future with the TV3 company – see my blog
post, Top
tweets about Rachel Glucina going to TV3.
The
new project for TV3’s Mediaworks was announced as Scout. Not
surprisingly, the actual scouting movement was very quick to distance
itself from the new TV3 product – see Brittany Mann’s ScoutsNZ
distances itself from Rachel Glucina website, seeks legal advice.
The
site soon ran into all sorts of trouble, detailed in MediaWorks
staff turn on Scout, Rachel Glucina’s new gossip site,
and analysed on The Standard in the blog post, No
Friends: The One about Rachel.
But
the must-read account is Duncan Greive’s Anatomy
of a Corporate Disaster – Inside Weldon and Glucina’s Gossip Site
Scout.
See also his post, Cool
Story #2 – Two Sides of the Gluc.
The
Other players
Carrick
Graham became known as Cameron Slater’s paymaster, and in June
North and South magazine published Peter Newport’s excellent
feature about him and his PR activities, which is now available free
to read online: Carrick
Graham: Without Apologies.
Similarly, see my column Dirty
digital politics.
Jordan
Williams and David Farrar are still very actively running their lobby
group, which David Fisher investigates in The
Big Read: So what’s this Taxpayers’ Union, which purports to
represent us all? Earlier
in the year, the group was also in the spotlight for their focus on
author Eleanor Catton – see the Herald’s Kiwis
have been generous to Catton, says Taxpayers’ Union.
But
is the group partisan? Not exactly. And David Farrar has the figures
to prove it – see his blog post, Taxpayers
Union critical regardless of party.
Ben
Rachinger, another mysterious figure who was, for a time, close to
Cameron Slater, also created some minor news about Dirty Politics
this year which I covered my column, Dirty
Politics “done dirt cheap”.
For
an update on him see Keith Ng’s illuminating and indepth
investigation The
Whaledump Saga: Scooby-Doo Edition.
Or for the main points see Danyl Mclauchlan’s Shorter
Ng/Rachinger/Slater/Key.
There
was another more high profile figure who related to Dirty Politics in
some curious ways. In July, the then Conservative Party leader Colin
Craig published his booklet Dirty
Politics and Hidden Agendas,
which was aimed at Cameron Slater, Jordan Williams, and others in his
own party.
Craig
explained this in a guest post on the Daily Blog, drawing parallels
with Hager’s 2014 book – see: Dirty
Politics, why should we care? But
last month, in a typically bizarre twist, TV3 reported Colin
Craig unveiled as ‘Mr X’.
Of
course the character who has come out best from the Dirty Politics
saga is Hager himself. Hager continued to publish vitally important
research on New Zealand politics which I covered earlier in the year
in three columns: Who
cares about the #SnowdenNZ revelations?, Should
John Key resign over ‘mass surveillance’? and The
ramifications of the spying scandal.
For
more on Hager, see his essay about his investigative
journalism, Loose
lips,
and his interview with Toby Manhire, “A
Kick Back Against Government Intolerance” – an Interview with
Nicky Hager.
Finally,
for one of the best reads about Dirty Politics and how it played out
for a television journalist covering last year’s election campaign,
read Nicola Kean’s academic chapter on #PeakCray
– Making Current Affairs TV During NZ’s Strangest Election.
Bryce
Edwards - http://liberation.typepad.com/
Dr
Bryce Edwards is a lecturer in Politics at the University of Otago.
He teaches and researches on New Zealand politics, public policy,
political parties, elections, and political communication. His PhD,
completed in 2003, was on 'Political Parties in New Zealand: A Study
of Ideological and Organisational Transformation'. He is currently
working on a book entitled 'Who Runs New Zealand? An Anatomy of
Power'. He is also on the board of directors for Transparency
International New Zealand.
John Key's 'prison rape' stunt goes international
Prime
Minister John Key's participation in a "prison rape" stunt
on music radio station The Rock is making world headlines.
John
Key was asked to enter a cage and pick up a bar of soap on The Rock
radio station – a reference to rape in prisons. Photo: Supplied
United
Kingdom newspapers The Times and The
Guardian, as well as US broadcaster CNN, are among those that
have reported on Wednesday's incident, in which Mr Key agreed to get
into a cage in The Rock's studio. He was then asked to pick up a bar
of soap - a reference to rape in prison.
Most
of the foreign media reports focused on the stunt being the latest of
a number of incidents in which Mr Key has raised eyebrows. They
mentioned "blunders", including the
recent furore in Parliament over
his attack on Labour for "backing the rapists", in response
to opposition accusations that the government had been weak in its
dealings with Australia over the detention of New Zealanders on
Christmas Island.
The
Times said the prime minister had "come under fire
after appearing to make light of rape while taking part in a crude
radio station stunt".
"The
Rock stunt is the latest in a series of live radio appearances Mr Key
has taken part in in which he has revealed more personal information
than many New Zealanders might wish to know," the article said.
The
newspaper also called attention to New Zealand's record of sexual
violence: "In the 2011 United Nations Report on the Status of
Women, New Zealand was ranked worst of all the OECD countries for
rates of sexual violence," it said.
CNN
also reported Mr
Key was "under fire", for participating in a "prison
rape" joke. The broadcaster listed a number of instances of
earlier "unstatesmanlike" behaviour under the heading
"Media blunders".
It
linked it to his "you
back the rapists" comments
which resulted in a walkout by female MPs, the much-publicised
incidents in which he pulled a waitress's ponytail and
his personal revelations about urinating in the shower, which he made
during an earlier radio appearance.
The
Guardian ran a
story under
the headline "New Zealand prime minister John Key criticised for
'rape joke' stunt".
Photo: The
Rock
The
story included quotes critical of Mr Key's actions from Massey
University lecturer Deborah Russell who said by playing along with
rape jokes the prime minister was making light of sexual violence.
"This
makes me feel ill. When the PM thinks it's okay to participate in
rape jokes, how can women feel safe?" she tweeted.
Rae
Duff, the national president of the National Council of Women, was
quoted as saying Mr Key was routinely "trivialising" sexual
violence.
Other
international media outlets to feature the prime minister's comments
were the Daily
Mail and
theInternational
Business Times.
A
spokesperson for Mr Key told The Guardian, "The
prime minister does these interviews in the spirit of Christmas and
the content is decided by the hosts.
"The
interviews are meant to be light-hearted, and the prime minister
hopes the media and the public take them that way."
Petition to strip Key of White Ribbon role
Meanwhile,
Auckland psychotherapist Kyle MacDonald has started an online
petition to
remove Mr Key as ambassador for White Ribbon, a global campaign by
men who condemn violence against women, over the comments.
The
petition has received more than 7000 signatures.
Launching
the petition, Mr Kyle wrote, "I have become increasingly
concerned about the actions of our prime minister, and how they show
a complete lack of understanding about the impacts of sexual and
physical violence in this country."
His
"prison rape" joke on radio yesterday was the last straw.
"I
believe it is no longer OK for John Key to make light of sexual abuse
and sexual violence, and so I ask you to join me in calling on the
White Ribbon organisation to remove John Key as an ambassador."
Ken
Clearwater, of Survivors of Sexual Abuse New Zealand, said he found
the stunt "bloody appalling".
"Rape
is not a joke, full stop. Regardless of the gender of the victim. The
psychological damage done to men and boys is the same as to women,"
he said.
Mr
Clearwater called for Mr Key to apologise.
"Obviously
he didn't give it a lot of thought before he went into it, and that's
probably a major issue we have in this country - we talk about the
'rape culture' and obviously he thinks that rape is a joke and that's
really scary."
Mr
Clearwater says he has been interviewed by The Guardian about
Mr Key's radio stunt.
The Prison John Key Built – horror of the SERCO deal you’re not being told about
By Martyn
Bradbury
We have allowed National
to build an empire of suffering from the privatisation of prisons.
When fear and anger warp social policy the product is a harvest of
spite.
19
December, 2015
After
prisoner beatings, stand over tactics, fight clubs, rape,
falsification of information to hide these abuses and death we are
now seeing the real horror of the SERCO deal.
Despite
all these terrible abuses SERCO has made $8million
in bonuses. That’s right, fight clubs and rape and death gets
them bonuses based on information SERCO are supplying despite
them already getting pinged for falsifying those stats. That’s how
bad the bloody deal National agreed to when they green
lighted these private prison experiments, we pay even
when SERCO screw up!
Don’t
forget these are BONUSES – this is ON TOP of what SERCO are
earning in fees. Part of the deal is that we pay SERCO for every bed
in Wiri regardless of it being full or not. The incentive is to fill
it because we are paying for them anyway.
MEANWHILE –
prison populations explode. We hit our highest level of prisoners
locked up despite crime rates falling. Judith has had to rush in and
pledge another $15million to keep the public prisons from falling
over but feeding this prison industrial complex is the wrong
approach!
We
are now gaining a secondary prisoner population. These are prisoners
who were caught up in the ‘get tough on crime’ crap that
occurred in the early 2000s.
They could not admit their crimes, have
received zero counselling inside prison, and have now served their
entire sentence. Because they’ve had no counselling at all, many
of these men are being released after being locked up for a full 10
year plus sentence and they are more damaged than when they went in.
The Government know this and instead of acknowledging the ‘get
tough on crime’ crap has produced a deformed counter productive
outcome, they simply pass law to extend the sentences and keep these
men locked up indefinitely.
We
have allowed National to build an empire of suffering from the
privatisation of prisons. When fear and anger warp social policy the
product is a harvest of spite.
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