S3 | E7-9 The Debrief with Ryan Wolf and Jacob Saffle

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GUILT 1h 0m 3 speakers 8 chapters transcribed 3 months ago
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What recent Supreme Court decision impacts the Guilt podcast?

Jacob Saffel 0:05
All right, guys, welcome back to another episode of The Debrief covering season three, Finding Heidi. I'm Jacob Saffel alongside Ryan Wolf as we're diving into probably one of the, if not the biggest case we've had on the Guild podcast to date. Ryan, you doing OK?
Ryan Wolf 0:22
I'm doing great. Thanks, Jack. Excited to get into it.
Jacob Saffel 0:26
Deal, man. Well, before we dive off in it, as you guys know, this is happening in real time, the things that we're covering and the upcoming retrial. So we've got some developments that may happen from week to week, and we've got one this week. So I'm going to kick it to Ryan.

How does the recent takedown request affect previous episodes?

Jacob Saffel 0:41
Fill us in a little bit on what we've learned over the last week.
Ryan Wolf 0:47
Yeah, so this is a big one and it's going to affect this debrief that we're working on and we will be working on over the coming weeks and season three of the podcast in general. So just quickly to cover it off, obviously there was the recent Supreme Court decision that quashed David Tomahedi's convictions from back in 1991. And part of that, remember when I was reading the decision, the last line in that decision said words to the effect of Tamahere's legal team have the right to ask for takedowns of any media that covers his original conviction or any media that they may deem to be prejudicial against a retrial. So in New Zealand law and most, well, all Commonwealth law, basically, you have the right to a trial without the jury knowing about any previous convictions or anything else that may have happened that may have sort of prejudiced their decision.
Ryan Wolf 1:49
And so that's what this is all about, really. So, initially, I didn't get sent anything for the first couple of weeks, and I thought, oh, okay, we may have dodged a bullet here. But sure enough, a couple of days ago, I had a letter come through from Tomahiti's legal team, fairly detailed, going through a bunch of episodes from season three of the podcast. To their credit, they've obviously spent a lot of time and actually gone through every single episode to find specific mentions and things. And they've asked for some episodes to be edited or removed.

What challenges do the hosts face in discussing the case?

Ryan Wolf 2:27
And we're going to do that. There's probably about 10 episodes. But more importantly for us right now is that the first two debrief episodes fall into that category at this stage because we discussed David Tomahiti's original conviction, which of course has now been quashed. So it means I'm going to have to go back and perhaps edit those episodes or they're going to have to be pulled down for the short term. But what it means now for us going forward so that we can avoid that happening in these debriefs is that Jacob and I just have to be very careful about what we say. So we're going to, avoid talking about David Tomahiti's original conviction and the overall trial. Now, this is going to be quite challenging at times because throughout this whole story, we often jump back and reference things that were in the original trial.
Ryan Wolf 3:17
And we're not going to be able to do that because if we make one mistake, then this is going to get pulled down. And I can promise you that they'll be listening to this episode to look to see if there's anything that reaches that. So if you... While you're listening to this, just remember that Jacob and I are sort of processing as we're speaking, thinking, okay, what can I say and what can't I? And if we pause for a second or whatever, it's just because we're trying to figure that out so that we don't fall into that trap. But we can make this work for sure because a lot of what we're going to talk about is my experiences and this takedown is not related to any new material, any new evidence, any witnesses that I spoke to or anything that I've done.
Ryan Wolf 3:57
It's all related to the original conviction. So I think we're pretty confident we can work around this and eventually in time. And just to be clear as well, so at this point, We don't know. So the Supreme Court has ordered a retrial. And I sort of say that in that way because it's still up to the Crown prosecutor to decide if the police are going to actually pursue a retrial.

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