Teacup tape High Court decision due Wednesday afternoon

UPDATED: Chief High Court judge Helen  Winkelmann said she will deliver her decision on Mr Ambrose’s application for a declaration at 2.15pm Wednesday.

UPDATED: Solicitor General Dr David Collins QC has told the High Court there is serious public interest to allow the police to investigate the Prime Minister's complaint, to evaluate the evidence, to make a decision on whether to prosecute and to allow the criminal process to proceed without interruption.

It is an idication of the seriousness which the Crown places on the application that Dr Collins is opposing the application in his role as Solicitor General. He says that the Police investigation into Mr Key's complaint is at an early juncture and it is anticipated that "a lot more evidence will come to the fore".

Specifically Dr Collins told Justice Winkelmann there were question about the pouch in which Mr Ambrose's device was found, over whether it was used to hide or contain the transmitting device. He said that when the PM thought something was amiss he handed the device to his staff who removed the batteries.

He said that it seems Mr Ambrose was the only media person present who did not understand the arrangements for filming and reporting the meeting and he says Mr Ambrose appears to have operated under a different set of rules to everyone else.

The case is proceeding but it is unlkely Justice Winkelmann will make a decision today but there is pressure on her to make a decision either tomorrow or Thursday - before Saturday's election.

Teacup cameraman Bradley Ambrose's bid to have his action recording last week’s meeting between John Key and Epsom ACT candidate John Banks declared legal have this morning raised the possibility that evidence may be required from witnesses.

Chief High Court judge Helen Winkelmann raised the possibility that, in addition to viewing lengthy unedited television footage of the meeting, she might wish to hear from the “actors” meaning Mr Ambrose and others.

The hearing for a declaration that Mr Ambrose’s actions were legal is before a courtroom packed with lawyers and media.

The hearing was set down for half a day but only Mr Ambrose’s legal team has been heard so far. The court has yet to hear from Solicitor General, Dr David Collins, who is there in person to argue against the declaration.

A major question that has yet to be answered is how soon Justice Winkelmann will give a decision.