Complaint:
Complainant:
Media:
Content:
OMSA14/013
B. Easton
Radio New Zealand
“Security ordered for jogger inquest”
Published 19 November 2014
Date:
15 December 2014
Outcome:
No Grounds to Proceed
_____________________________________________________________________________
Complainant, B. Easton, said, in part: “As required I am bound to seek you change your comment
where it is wrong before making a complaint about a broadcast. You have stated that I sought the
bus lanes be painted blue instead of Green. As I recall I did not provide a solution. I proposed as
will be clear in my submissions that lane colour may be a remedy to pedestrian bus confusion –as
well as the colour of green being a poor colour choice using said examples.
After discussing the matter with Professor Nicholson for his reply on lane colour where he
commented that the colour red may have a negative effect inferring danger I connected that with
a traffic signal comparison that orange is the preferable colour for bus lanes. I did not state this
preference in the proceedings, yet confirm it now as what I would have advocated if having
thought of it at the time.
Is that a long enough answer for you, or should you need me to repeat it?
(Additionally), the Green family had completed their questioning of Paul Barker, they did not need
to be there if they had no interest in what I had to say or ask. The CIO had invited them to go first
as His Honour should have respected throughout the proceedings! How dare you not publish my
view or seek my comment?”
In further correspondence, the Complainant said in part: “I see your job to be or someone
employed to consider a complaint to be - why could this complaint be valid when it is compared
to our principles or standards. Is it fair that we wrote that he said the lanes should be coloured
blue? He says he did not say that. Did we ask him? The family walked out - yes apparently, although
the complainant could barely be said to know because he was asking questions - so this all
happened behind his back. Our reporter was in the court. Did the reporter say that the family had
already finished their cross examination? Would it not be then fair to say that if they did not like
what was being said then they had no remaining investment in the proceedings? And what about
Craig Stevens lawyer for the WCC telling the family that the complainant was turning the court
into a circus? Was the journalist in the room at the time? Yes...
My complaint stands - please process it according to being grossly unfair.”
The Chairman considered the relevant Standards were Standard 1, Accuracy and Standard 3,
Fairness.
As a preliminary matter, the Chairman noted the complaint before him was in the first instance
sent by Mr Easton to Radio New Zealand under the procedures of the Broadcasting Standards
Authority. Radio New Zealand forwarded it to the Online Media Standards Authority
Complaints Committee, which has jurisdiction over unique online content and Radio New
Zealand advised Mr Easton of this course of action.
The OMSA Secretariat then wrote to Mr Easton and asked if he wished to proceed under the
OMSA jurisdiction. A somewhat intemperate response was received from Mr Easton, copied to
over 30 other persons and / or organisations. Mr Easton confirmed in this response he wished
the complaint to proceed.
The Chairman reviewed the complaint and a copy of the content. The Chairman requested
additional clarification from Radio New Zealand and its Court Reporter on the content subject
to complaint.
The Chairman noted the preliminary response received from Radio New Zealand, and the
Court Reporter who covered the hearing, which said, in part: “As I recall, Benjamin Easton
asked one of the expert witnesses about the colour painted in the bus lane. He asked why it was
painted green and then raised several other colours - as I recall something like, "why not blue,
or white, or …” He also suggested to the witness that the green paint on the bus lanes could be
confusing to joggers or children, who might think it was grass. The Council's lawyer objected to
that and the Coroner noted that it was beyond his powers to make recommendations about
what colour should be used.”
“In the interests of brevity, which is required for radio reporting, I contracted the question
down to "another colour such as blue" and this was later transcribed from what went on air
and used on the website.”
With regard to seeking comment directly from the Complainant, Radio New Zealand confirmed
the role of the Court Reporter was to cover the inquest and report on it.
Chairman’s Ruling: The Chairman viewed a copy of the content, the complaint and the
preliminary comments from Radio New Zealand.
The Chairman noted the concerns of the Complainant that a statement in the article that said
“When cross-examining an expert engineer today, he suggested that bus lanes should be
painted blue instead of green, which he said could look like grass to runners and children.”, was
wrong.
The Chairman noted that as part of his complaint, Mr Easton stated: “As I recall I did not provide
a solution. I proposed as will be clear in my submissions that lane colour may be a remedy to
pedestrian bus confusion –as well as the colour of green being a poor colour choice using said
examples.” The Chairman accepted that Mr Easton considered the article did not accurately
reflect his statements during the inquest. However, taking into account the response from Radio
New Zealand, the Chairman was of the view the colour of the bus lanes formed part of the inquest
proceedings and the reference to the colour blue was illustrative of the point that an alternate
colour to green could be considered.
The Chairman said this part of the complaint did not meet the threshold to breach Standard 1,
Accuracy or Standard 3, Fairness.
The Chairman noted points made by Mr Easton in his complaint about whether or not the
Green family remained in Court during his questioning and that he had not been asked for
his comment by Radio New Zealand prior to the publication of the article. The Chairman said
neither of these matters raised issues under Standards 1 and 3.
The Chairman confirmed that the article was a summary of proceedings during an inquest by
Radio New Zealand’s Court Reporter. The Chairman considered the article reflected matters
that occurred during the hearing and he ruled the issues raised in the complaint before him did
not present an arguable breach of the Code of Standards and there were no grounds for the
complaint to proceed.
Chairman’s Ruling:
No Grounds to Proceed
_____________________________________________________________________________
Content
Radio New Zealand published the following article 19 November 2014 on their website
http://www.radionz.co.nz/news/regional/259754/security-ordered-for-jogger-inquest
The article read:
Security ordered for jogger inquest
“The Wellington Coroner has ordered extra security at an inquest into the death of a jogger who
died after running into a bus in the capital in 2011.
The move follows a walk-out by Venessa Green's family, who became distressed at the behaviour
of a transport lobbyist during his cross-examination of witnesses today.
Before he died, Wellington Coroner Ian Smith gave Benjamin Easton approval to represent lobby
group The City is Ours at the inquest.
That group fought a lengthy battle to overturn a Wellington City Council decision to re-route buses
through the capital, claiming the new routes were too narrow and dangerous to pedestrians.
During the inquest into Ms Green's death, Mr Easton has closely cross-examined police officers,
engineering experts and council witnesses about the authorisation of the bus lanes, their safety
and any improvements which could be made to them.
When cross-examining an expert engineer today, he suggested that bus lanes should be painted
blue instead of green, which he said could look like grass to runners and children.
He was also reprimanded when he told a witness his evidence was wrong, with Coroner Gary Evans
saying even he was not allowed to say that to witnesses.
Family members became distressed this morning, prompting Ms Green's brother, Aaron Green, to
ask the Coroner if he could try to ensure the inquest stayed focused on relevant issues.
Late today, Ms Green's mother, Marlene Green, pleaded with the Coroner to stop Mr Easton's
intensive questioning of a council witness because it was distressing the family.
It was then the Coroner said he would bring in extra security tomorrow.
Outside the court, Mr Green said the family understood Mr Easton had a right to be at the hearing
but they wished he would be more succinct in his questioning.”