NZ Post staff fired after investigations into parcel theft, three in hospital after Albany axe attack and the All Whites abandon match with Qatar mid-game in the latest New Zealand Herald headlines. Video / New Zealand Herald
Warning: Graphic images
In an unusual ruling today a Community Magistrate made an order suppressing the identities of anyone who witnessed an axe attack on multiple diners at several North Shore restaurants last night, as well as the name of the accused.
The order goes beyond the usual interim namesuppression order sometimes granted at the first appearance to defendants who can prove they have at least an arguable case the publication of their name could affect their fair trial rights or cause extreme hardship.
The 24-year-old accused faces a charge of wounding with intent to cause grievous bodily harm after allegedly attacking diners at several restaurants in Albany on Monday evening. The charge carries a maximum penalty of 14 years in prison.
The accused was also denied bail and will be remanded in custody ahead of his next appearance in the Auckland District Court next month.
He did not enter a plea across three hearings in the North Shore District Court on Tuesday, the morning after the alleged attack.
He appeared before Community Magistrate Rosemary Fitzpatrick in the North Shore District Court today. The man was assisted by a Mandarin interpreter and represented by Auckland barrister Michael Kan.
Kan sought interim suppression of his client’s name and identifying details, such as occupation and address. Fitzpatrick granted the application and then went further by suppressing the identity of any witnesses to the incident.
The matter was then stood down before any bail arguments could be heard or future dates set, for reasons that were also suppressed.
When the case was called again several hours later, Fitzpatrick heard arguments from media who were seeking a variation to the order allowing them to name witnesses to the attack that reporters had already interviewed.
Police tape surrounds one of the restaurants on Corinthian Drive, in Albany, where a number of people were attacked by a man wielding a weapon. Photo / Hayden Woodward
A Herald reporter in court argued it was standard practice after a major news event to interview witnesses, who would be named only if they agreed to their names being published.
The Herald did not seek any variation to the existing order for interim name suppression of the defendant, stating it was clear the man had an arguable case for name suppression at the early stage of the proceedings when the threshold is much lower than at later court appearances.
The Herald argued it would be highly unusual to be barred from publishing the names and accounts of witnesses to a major news event in which there is a clear public interest.
Other reporters from news media organisations advanced similar arguments, saying they should be allowed to broadcast television or radio reports of interviews with witnesses.
An axe spotted at the scene where multiple people were injured in an attack on Auckland's North Shore last night. Photo / Supplied
The media submissions were supported by Kan, who said fair and accurate reporting of witness accounts with their names would quell undue speculation in the community.
“From what I have seen from the news media so far, it doesn’t appear that the news media has crossed the line,” the defence lawyer said.
“In my submission, the core issue here is trying to stop the community from speculating. The media still has a job to ensure there’s open justice.”
The Community Magistrate, however, was not swayed and maintained the sweeping suppression orders covering the identities of witnesses as well as the defendant.
Fitzpatrick also declined applications by a range of broadcast and print media outlets to film and photograph the defendant in court.
“I’m taking a very cautious approach,” she said.
Members of the public help one of the victims attacked in Albany last night. Photo / Supplied
Isolated incident - Police
Police earlier said initial inquiries suggested the man was acting alone.
“Police would like to reassure the public that initial inquiries suggest that this is an isolated incident and we can confirm we are not seeking anyone further in relation to this incident,” said a spokesperson.
Police would be present in the area this morning as a wider scene examination was conducted.
Inquiries into the incident remain ongoing and Police would like to hear from anyone who witnessed the incident, said a spokesperson.
St John said it was called to the incident at 9.04pm. Two ambulances and a rapid response unit went to the scene.
“We assessed and treated three patients - one in a serious condition transported to Auckland [City] Hospital and one in a serious condition and one in a moderate condition transported to North Shore Hospital.”
TVNZ’s Breakfast reported that the two people at North Shore Hospital were now in a stable condition, with minor injuries, according to a hospital statement.
A police officer at the scene of the attack in Albany, Auckland, this morning. Photo / Jason Oxenham
