15 Oct 2020
BARWICK v POLICE & STUFF [2020] NZHC 2718
- Citation
- [2020] NZHC 2718
- Court
- High Court
The High Court denied the takedown application because the Stuff articles did not publish evidential material that would realistically prejudice a fair trial: the CCTV footage was not demonstrably identifying, published commentary was non-evidential or speculative, the accused elected judge-alone trial (reducing risk of jury prejudice), and existing trial safeguards and legal principles sufficiently protected fair trial rights.