- Journalists put own ethical code above law, judge says
- By Melissa Jenkins
- AAP
- 12/02/2007 Make a Comment
- Contributed by: admin ( 59 articles in 2007 )
MELBOURNE - Journalists who refused to reveal their sources wear contempt convictions almost as a "badge of honour", Victoria's chief County Court judge said today.
Herald Sun newspaper journalists Michael Harvey and Gerard McManus pleaded guilty to contempt for refusing to disclose the source of a leaked story about a federal government proposal to slash war veterans' benefits.
The story, headline "Cabinet's $500 million rebuff revealed", said cabinet had planned to adopt only five out of 65 recommendations from the Clarke review into veterans' entitlements before a backbench revolt.
The journalists' lawyer William Houghton, QC, asked Judge Michael Rozenes to use his discretion not to punish the journalists.
"They declined to reveal their sources because that, of course, would have a chilling effect on future political stories because no one in their right mind would be leaking material to journalists if they knew they could be the subject of disclosure," Mr Houghton said.
He said it would be a "sorry day for democracy" if Harvey and McManus were jailed for publishing a story of "great public interest".
Commonwealth Solicitor General David Bennett, QC, said legislation was being drafted in Australia to protect journalists who refused to reveal their sources in court.
Judge Rozenes said journalists considered their own code of ethics more important than the law.
"This is almost a badge of honour, upholding the best traditions of journalistic ethics," he said. "What journalists are really saying (is): 'Well we are not happy with the law, so we will make our own'. ... How can any court tolerate that?"
Judge Rozenes reserved his decision to a date yet to be fixed.
Harvey and McManus refused to give evidence in a pre-trial hearing at the Victorian County Court for public servant Desmond Patrick Kelly on August 23, 2005.
A County Court jury convicted Mr Kelly of leaking confidential information to a journalist, but that conviction was later quashed by the Victorian Supreme Court.
Today, McManus pleaded guilty to five counts of contempt and Harvey to four.
Outside court today, Harvey said journalists believed in their professional code of ethics. "The decisions we have taken in this case have been very much based on our belief in the importance of that code," he said.
Herald Sun newspaper journalists Michael Harvey and Gerard McManus pleaded guilty to contempt for refusing to disclose the source of a leaked story about a federal government proposal to slash war veterans' benefits.
The story, headline "Cabinet's $500 million rebuff revealed", said cabinet had planned to adopt only five out of 65 recommendations from the Clarke review into veterans' entitlements before a backbench revolt.
The journalists' lawyer William Houghton, QC, asked Judge Michael Rozenes to use his discretion not to punish the journalists.
"They declined to reveal their sources because that, of course, would have a chilling effect on future political stories because no one in their right mind would be leaking material to journalists if they knew they could be the subject of disclosure," Mr Houghton said.
He said it would be a "sorry day for democracy" if Harvey and McManus were jailed for publishing a story of "great public interest".
Commonwealth Solicitor General David Bennett, QC, said legislation was being drafted in Australia to protect journalists who refused to reveal their sources in court.
Judge Rozenes said journalists considered their own code of ethics more important than the law.
"This is almost a badge of honour, upholding the best traditions of journalistic ethics," he said. "What journalists are really saying (is): 'Well we are not happy with the law, so we will make our own'. ... How can any court tolerate that?"
Judge Rozenes reserved his decision to a date yet to be fixed.
Harvey and McManus refused to give evidence in a pre-trial hearing at the Victorian County Court for public servant Desmond Patrick Kelly on August 23, 2005.
A County Court jury convicted Mr Kelly of leaking confidential information to a journalist, but that conviction was later quashed by the Victorian Supreme Court.
Today, McManus pleaded guilty to five counts of contempt and Harvey to four.
Outside court today, Harvey said journalists believed in their professional code of ethics. "The decisions we have taken in this case have been very much based on our belief in the importance of that code," he said.
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