A prominent musician who abused his ex-girlfriend has had his convictions set aside and been granted permanent name suppression. Photo / 123RF
A prominent Kiwi musician who was found guilty of assaulting his ex-girlfriend has succeeding in having his convictions set aside and been granted permanent name suppression.
The man had argued that being named in relation to the domestic violence case would be the “end of his career”.
Sworn affidavits presented to the court said several acts were keen to hire the man for overseas tours, but convictions would prevent him travelling offshore and people were worried about reputational fallout should he be publicly named.
A decision handed down today by the Court of Appeal has granted the man’s application, setting aside his convictions and ruling that he can keep his name secret.
The man was found guilty after an Auckland District Court trial on two domestic violence charges.
A jury ruled he had bitten his partner on the forearm and hit her in the head using a plastic bottle.
The man was acquitted on nine other charges, which included strangulation and threatening to kill his ex.
Earlier this year Judge Simon Lance refused to grant the man name suppression and denied his application for a discharge without conviction, sentencing him to 80 hours of community work.
The man – who has two previous convictions for domestic violence – had claimed self defence and argued the relationship had been volatile. But the judge said the jury did not accept that defence because the man’s response had not been reasonable in the circumstances.
In today’s decision, Court of Appeal Justice Woolford’s ruled that the man’s offending was “on the low side” due to the context of the offending and rehabilitative steps he had since taken.
The focus was on the man’s employment prospects. Convictions would present significant barriers to overseas travel and prevent bands from hiring him, according to affidavits presented to the court.
He told the court his savings had diminished to $8283 and he had earned just $3199 in the year to March.
He had approached several band managers but none had been willing to sign him up due to the potential for negative publicity in the event he was named in the media.
“Additionally they have expressed significant concerns regarding his convictions because they will likely be a barrier to international travel,” the decision said.
“If his appeal is successful and the court sets aside his convictions and grants him permanent name suppression, G is confident he would be able to secure fulltime work again.”
Other affidavits sworn by music managers said several musical acts who were keen to hire the man for future overseas tours, but this was impossible due to his “current predicament”.
“I can state categorically if [G] does not get permanent name suppression he will not get any form of work in any band with notoriety or commercial success,” one person wrote. “It would effectively be the end of his career in music.”
The decision says the man also has prior convictions for possession of cannabis and for shoplifting.
The Court of Appeal ruled that a discharge without conviction would enable the man to return to his vocation.
There was a “real and appreciable risk” that the man’s recent convictions would pose a barrier to him regaining fulltime employment as a live musician, largely due to difficulties when travelling internationally to tour destinations like America and Europe.
“Because we find the consequences of convictions to be serious, it follows that the consequences of the convictions would be out of all proportion to the gravity of the offending.”
In terms of suppression, the court ruled it was clear that publication of the man’s name would have a “detrimental impact” on his ability to find work in the industry.
“Such negative publicity would almost certainly make other musicians or music managers wary of dealing with him, thereby lessening his ability to obtain employment, even if convictions are not entered against his name.”
The court noted the “extensive” reporting on the man’s trial, which had portrayed him in a “very negative light”.
The offending had been “isolated in the context of a toxic relationship” that had since ended. The assaults on which he was found guilty were “not unprovoked”.
The decision said the man suffered significant health issues and had depression. He had made a name for himself as a talented musician with success in New Zealand and abroad.
“Name suppression will enable him to take steps to rehabilitate himself in the eyes of the music industry.”
His appeal was granted.
Lane Nichols is Auckland desk editor for the New Zealand Herald with more than 20 years’ experience in the industry.
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