The University of Auckland has voiced concerns that media coverage of a court case could 鈥渞e-trigger鈥 abuse against Dr Siouxsie Wiles after an incident at its campus this morning.
The university鈥檚 lawyers said in court today a person came onto the campus asking to speak to Wiles.
A university spokeswoman said campus security were called at 8.10am after a man entered a university building asking after the scientist. He was not located by security staff or on CCTV.
The spokeswoman said no threats were made but security was briefed in case he returned and police were advised. Wiles and her lawyer were also notified.
It occurred as Wiles, a microbiologist and science communicator, takes on the university in the Employment Court in Auckland. She has argued the institution鈥檚 leaders failed to protect her from threats which followed her commentary on Covid-19 and vaccination.
The university鈥檚 legal team revealed the incident while discussing a media application this morning.
During an application by Radio New Zealand to record the hearing, Lawyer Philip Skelton KC said further coverage could 鈥渞e-trigger鈥 abuse against Wiles, citing this morning鈥檚 event at the university.
Coverage could 鈥渃reate a health and safety risk鈥, he said, 鈥渨hich is what everyone is trying to avoid鈥 but he did not oppose RNZ鈥檚 application.
Lawyer Catherine Stewart, after consulting Wiles, said her client did not object to the media application. She said the defence鈥檚 argument - that minimising coverage would reduce harassment against her - was a 鈥渇allacy鈥.
鈥淩aising public awareness ultimately leads to better health outcomes,鈥 Stewart said, adding that her client supported open justice.
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Judge Joanna Holden granted the media application, saying the 鈥渉orse had bolted鈥 and 鈥渋t seems a bit pointless to restrict media at this stage鈥.
Several media organisations, including the Herald, covered the first day of the hearing yesterday. Media do not require permission to cover the case, but must get approval to record audio, video or photographs.
In a statement to the Herald, the university said it respected the court鈥檚 decision to allow media coverage of the hearing.
鈥淗owever, in court today the University (while advising that it would abide the decision of the court) reiterated its concerns about the potential health and safety consequences of media coverage, particularly in light of this morning鈥檚 reported incident of an unknown man entering a university building seeking the whereabouts of Dr Wiles.
鈥淎t no point has the University challenged the court鈥檚 decision to allow media coverage of the hearing.鈥
The university, which denies it has breached its statutory obligations, began its cross-examination of Wiles this afternoon.
Its lawyers argued academic freedom was not 鈥渦nfettered鈥 and had to be balanced by the university against other responsibilities like health and safety.
Skelton challenged Wiles on her accusation that she was silenced by the university, saying she had given 鈥渢housands鈥 of interviews on Covid-19.
Wiles said she was defying the university in giving these interviews, and many of them were done before she was told to 鈥減ull back鈥 from the spotlight by the university鈥檚 HR director Andrew Phipps.
There was no record of this claim, Skelton said. Correspondence and a transcript of a meeting between Wiles and Phipps did not refer to 鈥減ulling back鈥. Skelton said Wiles might have been mistaken or confused.
鈥淚 do not have a transcript and have to rely on my memory,鈥 she responded. 鈥淕iven how he behaved in future meetings, I think my memory was quite reliable.鈥
Skelton said Wiles was never directly instructed to stop her media commentary and was regularly praised for her work by university leaders.
鈥淲hen your vice-chancellor urges you not to do something, it certainly [feels] like an instruction,鈥 Wiles responded.
Wiles was later challenged on her claim that the university had provided no security measures in response to her complaints about harassment.
Skelton said an external security assessment was commissioned, and while this was taking place, the university鈥檚 Staff Risk Intervention Team (SRIT) was monitoring abusive emails and social media.
Existing measures were ongoing, such as security patrols on campus and a lockdown of the floors in her building (which was already in place because of biological chemicals). Swipe access was also introduced at another of her worksites, Te P奴naha Matatini (TPM).
鈥淒o you now see that at least some protective measures were in place?鈥 Skelton said.
Wiles acknowledged those measures, while saying she and her colleagues had concerns about the delays in implementing them and the quality of said measures. Social media monitoring excluded the fringe platforms where threats usually arose, and hundreds people still had access to the TPM offices.
The university鈥檚 legal team also questioned Wiles about academic freedom and when it was reasonable to limit this freedom.
鈥淭he university鈥檚 case is that as an employer it must balance academic freedom against the other legal duties it owes to employees - one of which is taking all steps to keep employees safe,鈥 Skelton said.
He also suggested Wiles had herself sought some limits on academic freedom when she criticised colleague and epidemiologist Simon Thornley - who made controversial comments about Covid-19 during the pandemic.
鈥淭hat is a gross misjudgement,鈥 Wiles said, her voice rising. 鈥淚 don鈥檛 think I was asking at any stage for him to be silenced - I was asking, 鈥楬ow do we deal with this, when an academic does not have the evidence base?鈥欌
The hearing is expected to take three weeks.
Correction: University of Auckland鈥檚 lawyer did not formally oppose a media application in court as originally reported on November 7.
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