The Victorian Government will consider recommending a pardon for two journalists convicted of contempt of court if it receives a petition from them, Premier Steve Bracks said today.
Herald Sun reporters Michael Harvey and Gerard McManus had pleaded guilty to contempt of court for refusing to disclose the source of a leaked story about a Federal Government proposal to slash war veterans' benefits.
On Monday, Victorian County Court chief judge Michael Rozenes convicted the two men and fined them $7000 each.
Federal Attorney-General Philip Ruddock has suggested the Victorian Government consider pardoning the pair, The Australian newspaper has reported.
Mr Bracks today said that although he would consider it, he was surprised the request came from Mr Ruddock.
"The federal attorney-general, extraordinarily, has no shame,'' Mr Bracks said.
"It was under his system that they (the Federal Government) brought this action against journalists, that is, journalists who were doing their job to obtain sources to reveal information in relation to federal government activities,'' he said.
"Prosecutions were brought against them with the support of the federal attorney-general and now he feels: 'Oh hell, I might get some criticism from the press so can I blame someone else? Can I get someone else to take that up?'
"Gee whiz, I think the public will see through that.''
Mr Bracks said if the journalists sent a petition to the State Government seeking a pardon it would be considered, but ultimately the decision to grant it was up to the State Governor, Professor David de Kretser.
"Those matters are treated properly on their merits and we usually receive legal advice on those matters,'' Mr Bracks said.
"Pardons are a rare thing and have occurred infrequently over the history of this state.
"The Governor has the only capacity in the state to grant a pardon.''
Harvey and McManus refused to give evidence in a pre-trial hearing for public servant Desmond Patrick Kelly in August 2005.
Each declined to answer any question which may have led to the identification of the source of their information, saying they were acting in accordance with the journalists' code.
A County Court jury found Kelly guilty of leaking confidential information to a journalist. That verdict was later quashed by the Victorian Supreme Court.
