How can a Blogger avoid Contempt of Court?

So there I was in the Environment Court this morning. Tuesday 15th March. And the Court was halfway through cross-examination of Mr Dolan who is an Envirowaste Services Ltd (ESL) expert witness. The day started with no house-keeping matters. Straight into cross examination of Dolan by Matheson – who is Fletcher’s/Winstone Aggregates legal counsel.

I took heaps of notes because the questions and answers were really interesting. But because I had missed some of the day before, I hadn’t totally caught up with the fact that the court room seemed rather empty. Nor why.

Then it dawned. The other ESL expert witnesses had been ordered from the Court by Judge Smith. They were not allowed to hear the questions being asked of the witnesses, nor their answers. And they were ordered not to talk among themselves at other times.

“What if they read my blog?” - I thought. Quite a few do, there’s a lot pf public interest, and I have set up a FaceBook page....

"What if I report the questions and answers – because I think it is in the public interest?"

"There has been no guidance from the Judge. I am a sort of informal reporter...."

There has been no ruling that media be excluded from the Court.

So here's a taste. WA’s lawyer cross examined Dolan:

Q: Who instructed you?
A: It was verbal. Mr Lobb.
Q: Not in writing?
A: No.
Q: What did he say to you, and when?…

Judge Smith got interested then:

Q: How did you report to Mr Lobb?
A: …
Q: You said you would look in your files.
A: I drafted a submission for Mr Lobb.
Q: Did you sign it?
A: No. Someone else signed it….

Judge Smith wanted to know why specific emails were not to hand, and persisted:

Q: You were asked – I know I didn’t order you – you said you would – I didn’t think I had to - to bring all ESL files with you today. What have you brought and not brought?
A: Sorry your honour...

And later, after Dolan spoke of mediation meetings with Watercare and with South Epsom Planning Group, Judge Smith asked:

Q: …..were you aware that were statutorily barred from getting involved with a Third Party…?

At this point Kirkpatrick, legal counsel for ESL stood up and submitted: “there is no basis for that question…”.

Judge Smith then reminded Dolan, “you are Person ‘A’. Person ‘A’ must not talk with Person ‘C’. (BTW – you can see a little more about this part of the RMA – s.308 - in a recent blog below.)

Kirkpatrick again got to his feet and submitted, “....this does not stop communications between parties…”

I will stop there. Just wanted to give you a flavour.
Who says the Environment Court's not adversarial?