13 Apr 2010

Waihopai defence an 'important legal principle'

11:46 am on 13 April 2010

A senior law academic says the Government should hesitate scrap a "fundamental legal principle" in reaction to the verdict in the Waihopai spy base trial.

Three men admitted slashing the dome-shaped cover of a 30-metre-high satellite dish at the base in Marlborough in 2008 but were acquitted by a Wellington jury in March this year.

Adrian Leason, Sam Land and Peter Murnane argued their actions were justified by the greater good of saving lives in Iraq, and that the Waihopai base contributes to torture and war.

On Monday, Justice Minister Simon Power confirmed that work would begin on a review. Officials will look at the Crimes Act and the "claim of right" defence used by the three men, and whether it should be amended.

Associate Professor Bill Hodge of Auckland University says one unusual jury decision is not a good reason to throw out a very important legal principle.

Mr Power says it is complex and detailed law, and he should have some preliminary advice in two months.

The Government had signalled a review might happen if no appeal was lodged on the case, and last week, Solicitor-General David Collins announced an appeal would not be launched.