The identity of an Auckland businessman charged by the Serious Fraud Office with a $3 million fraud is still secret.
The man's name suppression was yesterday lifted after the Herald and the SFO challenged the suppression order at a hearing in the Auckland District Court.
But the man's defence lawyer
Simon Lance gave notice of his intention to to file an appeal to the High Court at Auckland so suppression remains in place.
The businessman was arrested and charged in February with three counts of fraud totalling $3 million but was granted interim name suppression at the request of his lawyer, Peter Kaye.
The Herald and the SFO sought to lift the suppression and the defence was supposed to file submissions by April 1.
That never happened because of what was described by Judge David Harvey as "communication difficulties".
A letter filed to the court by Mr Kaye last week said the businessman had failed to contact him on many occasions and "is not answering or returning any of my calls".
Standing in the dock, the businessman disputed that, and said he could easily be contacted through his work receptionist.
Mr Kaye withdrew as the man's lawyer yesterday and was replaced by barrister Simon Lance.
Mr Lance asked the court for an adjournment so he could have time to properly prepare submissions on behalf the businessman
Judge Harvey said he was cynical about the timing of the the businessman's change of defence lawyer and refused Mr Lance's request for an adjournment.
He stood the matter down for several hours and later asked the businessman what the "special circumstances" were that required him to keep name suppression.
The man said the Herald had already published defamatory articles about him that damaged his business.
Any further publicity in relation to the SFO charges would also be damaging.
A defamation action against the Herald has been struck out, but the businessman told the court he planned to lay a second claim.
