Cooks book ’fair comment’

Press, 23 April 1979, Page 5

Cooks book ’fair comment’

PA Wellingtons The Cook Islands High; Court has refused to direct any attachment for contempt over the book; “Cook Islands Politics — the; Inside Story." In his judgment, a copy ofi which was released in Wellington, Mr Justice Beattie said that “over all, it could! be said that the comment; complained of was fair com- j ment on the electoral peti-( tion case and the question of good faith of those responsible for the contributions was not demonstrated to be at fault.” The book, with contributions from 22 writers, and published in New Zealand by the Polynesian Press, at Auckland, in association with the South Pacific Social Sciences Association, came out after the Cook Islands Chief Justice (Sir Gaven Donne) dismissed the Government of Sir Albert Henry on July 24 last year. The Cook Islands Advo-cate-General (Mr M. C. Mitchell) later refused a request

Ito initiate proceedings for i i contempt against those responsible for the book. Itj jwas alleged then that itj would harm the cases of the! ■ American philatelic advisor, i ;Mr Finbar Kenny, the manager of his business in the ■ Cook Islands, Mr James; [Little, and others facing I criminal charges connected Iwith the election campaign, i ; His Honour said in yesterday’s judgment: “The Court i generally discourages applications for contempt where the risk of prejudice is slight or where the applicant : does not seriously press for punishment of the con- ■ temners. I find this matter to be in that category and I not of such a nature as to : require the arbitrary and summary interference of the 1 Court. : “I do not consider that the i excerpts are calculated to i prejudice the proper trial of the accused. I do not find ■ the book was specifically written for the purpose of - these trials, nor was it spe- ■ daily timed to have that eft feet,” he said.