‘SBM Legal Barristers & Solicitors 52 Broadway, Newmarket, Auckland 1023 PO Box 7120, Wellesley St, Auckland 1141 New Zealand | www.sbmlegal.co.nz 9: 09 520 8700 09 520 e701 16 September 2019 Tim Murphy Newsroom Email: tim.murphy@newsroom.co.nz Dear Mr Murphy Labour Party Panel ~ Alleged provision of information to Simon Mitchell We act for Simon Mitchell, a member of the Labour Party Panel set up to investigate the behaviour of a member of the party towards other members (including the complainant identified by the Spinoff article as “Sarah’), Mr Miles QC has been briefed as counsel. Mr Mitchell is gravely concerned at allegations that he was the recipient of verbal and written disclosures of a sexual assault by the subject of the investigation against the complainant and as detailed by “Sarah” in the Spinoff article dated 9 September 2019. Regrettably the statements by the complainant that Mr Mitchell received such information are untrue. The complainant did not make any claims of being sexually assaulted at her meeting with the panel. She spoke from a written statement that was not provided to the panel. That statement was obtained by the panel this week and it makes no such claims. There was no attachment to the email from her to Mr Mitchell on 9 March 2019. Nor was there any statement attached to her email on 11 June that referred to such allegations. The attachments were a modified version of the earlier statement that had been read to the panel. The statement that she now claims to have provided twice to Mr Mitchel, and to the media, was never sent to or seen by Mr Mitchell In relation to the emails, Mr Mitchell was sufficiently concerned at the allegation that he had previously received the information, that he engaged a forensic computer expert to formally examine his computer system. From that examination it is quite clear that he did not receive this information from “Sarah” in either of the emails alleged and any suggestion by her that he did is not credible. We attach a statement from Mr Mitchell clarifying his position on these matters. In the interests of responsible journalism we would expect you to publish his statement in a form that would be approved by our client. This is a significant issue for Mr Mitchell and any further suggestion that he received the allegations before the publication of the Spinoff article on 9 September 2019 will be treated seriously. We confirm that he reserves all of his rights in that regard, Yours faithfully SBM LEGAL Ss a / PENNY SWARBRICK Partner DDI 09520 8702 Email: penny@sbmiegal.co.nz IMiTe283_MIT8283.004_011,00¢