
Sexual abuse survivor Erin Leighton is anticipating an apology from the state broadcaster, TVNZ. The network had avowedly pledged to file an appeal to shield “off the record” material from being employed in a sexual assault court case. However, in a move that has since caused contention, TVNZ decided not to go through with the appeal.
This decision subsequently led to a breach used by the defendants in this very case. Paul Bennett, a consistent fraudster, and an unnamed woman, both accused of acts of indecency towards Leighton when she was a minor, gained access to and leveraged this material when defending themselves in the Auckland District Court. Despite their efforts, they were ultimately convicted and imprisoned for their crimes.
The dispute caused veteran journalist Chris Cooke to resign from TVNZ on principle, arguing that the network had jeopardized journalism by not maintaining its word.
Though the guilty verdict was a victory for Leighton, she contends that TVNZ owes her an apology. The footage provided to the defendants complicated her trial, she insists, and TVNZ did not support her sufficiently, markedly noticeable by its absence during the court proceedings. Moreover, the network did not extend any interest in her experience within the case or offer any direct communication throughout the ordeal.
TVNZ’s main point of contact for Leighton was Chris Cooke, who resigned due to the network’s handling of the sensitive material. After his resignation, all communication from TVNZ ceased, leaving Leighton to process the experience without support from the network.
Even an internal email by TVNZ’s Sunday executive producer Jane Skinner, which expressed TVNZ’s original intent to lodge an appeal, did not change the broadcaster’s ultimate decision. Instead, TVNZ released a small segment of the material, citing adherence to legal advice. Consequently, Bennett and his co-defendant were able to seize a considerable portion of the unstarred raw footage.
Cooke’s resignation did not go unnoticed within the journalistic community. His decision to prioritize personal integrity above his career brought him support from within the industry, including senior barrister Nigel Hampton KC. Hampton affirmed that an appeal to the Supreme Court should have been made by TVNZ.
Meanwhile, Chris Cooke and Erin Leighton continue to push for an apology from TVNZ, alongside appealing to the Supreme Court on the grounds of preserving journalistic integrity. Further, they are urging the new government to implement a shield law to safeguard sensitive material from being exploited in the court. Cooke is highly driven to prevent similar incidents from reoccurring and ensuring that vulnerable individuals feel confident to come forward without fear of their stories being used against them.
When questioned about the issue, TVNZ refrained from directly addressing the prospect of an apology, yet reassured that they had indeed opposed the disclosure of the interview material. Moreover, they stated that the Court of Appeal had ordered the release of the footage through the Criminal Disclosure Act and that they had been in touch with Leighton throughout the court proceedings. As a consequence of the case, updated legal training has been provided for journalists.