Mr Cross subpoenaed for P.M.

Press, 19 July 1983, Page 8

Mr Cross subpoenaed for P.M.

A Wellington The chairman of the Broadcasting Corporation, Mr lan Cross, told the High Court at Wellington yesterday that Desmond James Monaghan had suggested to him that the film, “Death of a Princess,” be kept out of New Zealand until the fuss’ was over. Mr Cross said Mr Monaghan made the suggestion to him in a telephone call. ' ’ ' Asked by counsel whether he had received any communication from Mr Monaghan regarding “Death of a Princess” in a period specified, Mr Cross said; the telephone conversation was the only specific instance of a communication flip Mr Monaghan to him hefcould recall in that period.

Mr Cross appeared on subpoena as a witness called on behalf of the Prime Minister, Mr Muldoon.

Mr Monaghan, Television New Zealand’s controller of programming, is claiming damages of $40,000 against Mr Muldoon for defamation.

It is claimed that on July 8, 1980, Mr Muldoon falsely and maliciously published concerning Mr Monaghan the words that he was disturbed that the network director general, Mr Alan Morris and Mr Monaghan, took the view that the film, “Death of a Princess,” should be shown.

Mr Muldoon is alleged to have said this made their judgment suspect, suggested their interest was simply in

entertainment, and that they were quite irresponsible in the wider aspects of their job.

In the statement of defence, Mr Muldoon denies that the words complained of have the meaning which Mr Monaghan alleges. Mr Muldoon says the words complained of were, in their natural and ordinary meaning true in substance and in fact in thier application to Mr Monaghan.

The hearing resumes today before Mr Justice Savage and 11 jurors. His Honour said it appeared that one member was not able to continue as a juror. He directed that in terms of 546 of tie Judicature Act the trial/continue with only 11 jurors.’' '’. '” ".

Asked by Mr A. D. Ford, junior counsel for Mr Muldoon, when he had first heard about “Death of a Princess,” Mr Cross said it was in London in 1980. Mr Ford: Did you learn at some stage about the credit for TVNZ (appearing on the film itself)?—Yes, I was informed, I think from two sources, of the credit for Television New Zealand. That was when I was in London. I simply filed the fact at the back of my mind in the knowledge that we would be facing this issuescreening the ‘Princess” in New Zealand—some time after my arrival back. Referred to an exhibit, Mr Cross said he identified it as the memorandum he sent to the director-general of the network and the

secretary of the corporation on May 6. Mr Ford: At that stage, at the time you issued that memorandum, what was your thinking as to who would made the decision whether to screen “Death of a Princess”?—l determined that the corporation should make the decision. It was a situation where we would be damned if we did screen it and damned if we didn’t. So I also appraised the responsibility of the corporation under the Broadcasting Act and consulted on that.

“I decided that in addition to the normal audition procedures I would ask for a special study as outlined in the memorandum by the head of programme standards and also by the secre-

tary of the corporation in terms of the memorandum,” said Mr Cross. Because of the growing controversy it was subsequently decided that the issue should go directly to the full board instead of via the television committee, “such was the significance we now attached to that decision,” Mr Cross said. Mr Ford: Going back to the stage where the decision was going to be made by the television committee, what was your reason for seeking the report from Mr Paterson (head of programme standards) and your secretary? — Well.. I also had to attach significance to the fact that Televiston New Zealand, through thefdirector general of the network and his controller,

had attached a credit to Death of a Princess and therefore were committed to it. “And I took account of the fact that the board would require balancing advice from the two executives, that is the head of programme standards and the secretary because of that fact,” Mr Cross said. Mr Ford: And when you say committed in that context what do you mean? — Well, the credit, of course, involved, must have involved, a negotiation on behalf of the network with the producer of the programme, would have involved an investment of money in the programme and the association of Television New land*frith the programme wherever that was screened.