BSA rules in favour of Bain witness

The Broadcasting Standards Authority has ordered TVNZ to pay $1,500 to a defence witness in the David Bain retrial after their evidence was questioned in a TV documentary.

In the TV One documentary The Investigator: The Case Against Robin Bain, defence witness Daryl Young was deemed by the BSA to have been treated unfairly.

Young’s testimony was challenged by the documentary’s maker Bryan Bruce, who rang Young one morning claiming to have “documents and photographs that appear to contradict the evidence that [he] gave in court.”

Young said he felt “ambushed” by the allegations and complained that he was not given fair and reasonable opportunity to respond to the issues Bruce raised.

“Mr Bruce did not need permission to phone him, and he clearly explained at the beginning of the phone call who he was, that he was making a programme, and what the programme was about,” the BSA ruling said. 

“However, in our view, the matters about which Mr Bruce was phoning required the broadcaster to ensure that Mr Young was offered a fair and reasonable opportunity to provide a response. 

“In these circumstances, we consider that one phone call, without any follow-up, did not represent sufficient or reasonable efforts by the broadcaster to engage with Mr Young and obtain a meaningful response from him.”

Source: Herald

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