The identity of a Hawke's Bay law student granted name suppression after admitting stealing 37 times from her employer may yet be revealed, if police have their way.
Hawke's Bay Today can confirm police have filed an appeal against the controversial court ruling on October 5, where the 25-year-old woman was awarded permanent name suppression and discharged without conviction.
The student earlier pleaded guilty to multiple charges of obtaining by deception after selling company goods worth $7743 on Trade Me while employed at the Hastings business last year.
At Hastings District Court, Judge Tony Adeane had ruled the consequences of a conviction - which would have precluded her career in law - would "outweigh the seriousness" of her crime.
A conviction would also have resulted in the "complete loss of value" of her first few years of tertiary education, Judge Adeane said.
The student, who had paid full reparation to the employer, was ordered to donate $1000 to charity.
The decision sparked a flurry of letters to Hawke's Bay Today, including one from her former boss, condemning the decision. "My staff and I walked away from the court dejected by a system and judge that in our opinion had failed us", he wrote. "We should be answerable to our peers."
The student's lawyer, Bill Calver, also stepped into the fray, penning a letter to the editor backing the judge's "dispassionate" decision. He said many of those critical of the ruling had overlooked the fact the judge had information before him which was not publicly available.
Mr Calver declined to comment on an appeal. "If an appeal's been lodged then I'll make my submissions in court," he said.
The student's former boss welcomed news of the appeal. "We're still gobsmacked about the initial decision," he said. "She hoodwinked everyone, including a reputable judge - she deserves an Oscar.
"I'm just pleased that police see this as something that's reviewable and that the law allows another look."
It's understood the general appeal is on the basis that the decision was "erroneous in law". This would address both the name suppression and sentence.
Crown prosecutor Russell Collins had not been notified of the appeal. He said police appeals at a district court level were uncommon, but not unprecedented.
The application would first be put before the Solicitor General, who will decide whether to grant leave to appeal. If approved, the appeal will be heard at the High Court in Napier.
The Solicitor General's decision was expected in about two weeks.
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