(MEAA/IFEX) – Two “Herald Sun” journalists will be formally charged with contempt after refusing to name their source before Chief Judge Michael Rozenes of the Melbourne County Court. MEAA condemns this attack against press freedom. The director of public prosecutions is expected to formally charge “Herald Sun” journalists Michael Harvey and Gerard McManus within 48 […]
(MEAA/IFEX) – Two “Herald Sun” journalists will be formally charged with contempt after refusing to name their source before Chief Judge Michael Rozenes of the Melbourne County Court. MEAA condemns this attack against press freedom.
The director of public prosecutions is expected to formally charge “Herald Sun” journalists Michael Harvey and Gerard McManus within 48 hours. The hearing is expected to be held in a fortnight.
During a 23 August 2005 hearing of the prosecution of Desmond Patrick Kelly for leaking government information, the two Canberra-based journalists refused to provide information that would reveal the identity of their source.
“It is yet another overt attempt by the government to save face by intimidating journalists and whistle blowers,” said MEAA Federal Secretary Christopher Warren.
“Journalists have an ethical obligation to protect their sources. Without this protection, potential whistleblowers would not leak vital information in the public interest.”
“In this particular case, there is no threat to national security. It is just a case of the government trying to minimise its embarrassment.”
In February 2004, Harvey and McManus exposed government plans to reject a promised A$500 million (approx. US$375 million) boost to war veterans’ pension benefits. Following the article’s publication, Kelly was charged under the Commonwealth Crimes Act.
During the preliminary hearing, McManus refused to answer when asked whether he knew Kelly, on the grounds it could incriminate him. The prosecution agreed to grant the pair immunity, thus setting them up for contempt charges if they failed to give evidence during the 23 August hearing.
“This case is a perfect example how the public interest and democracy are served when journalists have access to sensitive information,” said Warren. “Without the right to protect sources, it will be close to impossible for journalists to hold authority accountable for actions it would prefer to keep behind closed doors.”
