With the latest attempt to gag the media, I thought it worth reposting the comments by one of my legal beagles immediately after the libel suit was filed back in July, who predicted exactly what has unfolded over the past couple 4 weeks:
Looking at the RG article this morning, which says that the previous writ was discontinued, it would appear to be just a ploy to shut you up: as they hadn't yet served the writ, they could discontinue it without costs and refile with extra defendants, as it's easier than applying to amend the writ to add defendants. Again, I don't expect anything to come of this. What will happen is that they will apply for an injunction against all of you shortly before the Privy Council delivers its judgment, thereby delaying further dissemination of the BHC even longer. There's no way they'd actually try to sue you all for libel. The BHC documents would have to be put into evidence, which would then allow them to be published verbatim by the press on the basis of qualified privilege.
He called it.
I can't say much or I'll be abused by my lawyer and he'll bill me for it in 6 minute increments, but it should be clear that this isn't about libel or the law really. It's about tactics to achieve a political objective by gagging the media so the Premier can conduct his election campaign.
Posted by Christian S. Dunleavy