Otago Daily Times

Peters the victim of a political setup: lawyer

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When it comes to the journalist­s, it is our understand­ing some of the journalist­s were not

‘journalist­s’

AUCKLAND: Some journalist­s involved in a leak of Winston Peters’ pension overpaymen­ts were not acting as reporters, but were instead part of a political hit job, the New Zealand First leader’s lawyer says.

During this year’s election, the now deputy prime minister admitted, after questions from media, that he had been overpaid his pension for seven years.

He has now started legal proceeding­s against senior National party figures and journalist­s to find out who leaked his informatio­n from the Ministry of Social Developmen­t.

At the first hearing into the matter — at the High Court at Auckland yesterday — Mr Peters’ counsel, Brian Henry, said the case was not just a matter of dirty politics but about a ‘‘political setup’’.

‘‘We are talking about an illegal act,’’ he said.

While some journalist­s had received the leak but not acted on it, others had, and Mr Peters would be looking to challenge their journalist­ic privilege, arguing they had acted more like political operatives, Mr Henry said.

‘‘When it comes to the journalist­s, it is our understand­ing some of the journalist­s were not ‘journalist­s’.’’

But he said it was not yet clear how Newsroom coeditor Tim Murphy — one of the defendants — had been involved.

‘‘I don’t know whether he was acting as a responsibl­e journal ist, or just big mouthing around town, or involved in a political setup.’’

In the days before Mr Peters disclosed his superannua­tion situation, Mr Murphy had tweeted about an upcoming ‘‘mother of all scandals’’.

Mr Murphy ’s lawyer, Andy Glenie, told the court Mr Peters’ request for disclosure of documents and records did not specify who he ultimately planned to take action against.

‘‘It’s not clear which parties are in the gun,’’ he said.

Justice Anne Hinton has ordered a draft claim be submitted to clarify Mr Peters’ plan.

She also ordered an affidavit from Mr Peters, after Mr Henry said his client had been ‘‘slightly busy’’.

‘‘Since the election we haven’t been able to get near him,’’ he told the court.

The case will return to court on March 5.

Since Mr Peters announced the legal action last week, media freedom groups have warned it could have a chilling effect on political reporting.

National’s Bill English, Paula Bennett, Steven Joyce, Anne Tolley, Ministry of Social Developmen­t chief executive Brendan Boyle, Mr English’s former chief of staff Wayne Eagleson, National party staffer Clark Hennessy and journalist­s Murphy and Lloyd Burr have all been named in the case.

All National members deny involvemen­t in the leak.

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