Accused thief Kerr brings private prosecution

A man in jail awaiting trial on burglary charges has taken a private prosecution out against a government employee alleging they lied under oath.

Under the Crimes Act, anybody can lay a private prosecution, although they are not common.

Simon Allan Kerr, 50, has charged the employee with making a false oath and more charges may be laid.

The Solicitor-General, who is involved in Crown prosecutions, has neither a role nor authority in relation to private prosecutions, unless the power to stay a prosecution or to take over a trial on indictment is exercised.

The government employee's lawyer Peter Magee asked Judge Stan Thorburn to grant his client interim name suppression, saying publication could cause undue hardship.

Kerr opposed granting name suppression, saying it was in the interests of justice that the government employee's name be released. He said as a compromise he would accept the name being suppressed, but not the occupation.

Judge Thorburn ruled that an interim suppression order, prohibiting publication of the government employee's name, address and occupation, was appropriate.

He said such orders were issued every day and the employee was not getting any special treatment because of their occupation. He issued the order until the case is called on September 17.

Meanwhile, Kerr will appear the same day in relation to the burglary charges he faces. They include theft from Noel Leeming at Pukekohe, the Whangarei Noel Leeming and Harvey Norman stores, the Four Square shops in Onerahi and Waipu, Maggie Dixon Real Estate, and Cobb & Co in Bank St. He is also charged with burglaries of the Ruakaka Caltex Service Station; the St John Opportunity Shop in Kawakawa; Kerikeri's Homestead Hotel, The Toolshed in Whangarei, Dargaville's Kiwi Post and Lotto Shop, the Wellsford Post Shop, Mangawhai Four Square and Onerahi Post Shop.