ACA pair claim to have acted under legal advice

A judge in the NSW Supreme Court yesterday heard sentencing submissions on behalf of A Current Affair reporter Ben Fordham and former producer Andrew Byrne, after both had been found to have breached the Listening Devices Act.

Justice Elizabeth Fullerton ruled against the pair in relation to a 2008 story showing a former Waverley mayor allegedly ordering a hit on a male escort.

Barrister Bruce McClintock, SC, said the men had received legal advice before the story was broadcast on ACA which said they were not in breach of the act. He argued that the recording of a conviction against the two journalists would seriously and negatively affect their careers.

The judge said while this was a mitigating factor the lawyer who gave them the advice ”was seriously wrong”.

The Crown Prosecutor said Fordham and Byrne had acted in a ”rogue nature”.

The judge adjourned the hearing until August 27.

Source: smh.com.au