Nedelcho Rosenov Kolev purportedly came to New Zealand for the World Masters Games. Photo / Sam Hurley
Two Bulgarian nationals accused of operating a bank fraud scheme while in New Zealand for the Masters Games can now be identified.
Nedelcho Rosenov Kolev, 29, and Stoyan Dimitrov Hristov, 31, appeared at Auckland District Court this morning to each face a charge of using a document to obtain a pecuniary advantage.
Both men entered not guilty pleas, before Community Magistrate Janet Holmes.
Earlier this month the Herald revealed the arrests of the two men.
The pair allegedly used several cloned ATM cards to withdraw more than $15,000 after they arrived in New Zealand on April 20, purportedly to participate in the World Masters Games.
It is alleged that on 188 separate occasions during late April customer funds were illegally accessed.
The Herald understands the men were arrested on May 3 near a Royal Oak supermarket in Auckland.
Today, Kolev and Hristov's defence counsel, Dr Richard Keam, argued for name suppression for his clients, claiming their families and Masters Games teammates would suffer extreme hardship.
Kolev was initially granted interim name suppression when he first appeared in court on May 4, however, Hristov was not.
Keam said Hristov was in a "strange country" and English was not his first language.
He said his clients should be given the opportunity to inform their families in Bulgaria before they viewed the charges they face on the internet.
The lawyer said it had been difficult for his clients to contact their families while in custody.
Kolev, who Keam said speaks "absolutely not English", also sought name suppression on grounds that he needed to notify his family of the allegations.
In written submissions to the court in support of permanent name suppression for Kolev, it was argued "publication will have a negative impact on immediate family in Bulgaria who are unaware of the charges".
"They too would be subject to some scrutiny as a result."
It was also argued the publishing of Kolev's name would "be unfavourable and unfair and have a negative impact on his team members who participated in the Masters Games and won medals for the country they represented".
However, the Herald opposed the applications for name suppression.
In a written submission, the Herald argued any negative impact on the men, their families and teammates would be outweighed by the public interest and a need for a fair and open judicial system.
"The defendant's family live in Bulgaria, where the Herald is not readily available, or read. It was also noted during Mr Kolev's first appearance that he, nor his co-accused, has any ties or relations in New Zealand," the Herald said.
The newspaper also submitted that publishing the men's names would prevent any "unfair speculation and scrutiny for team members who participated in the Masters Games for Bulgaria".
The Bulgarians' defence further argued any story would also have the possibility of reaching a vast number of people, including potential jurors, creating a risk "a juror may be negatively influenced".
However, the Herald argued the case was of public interest given the nature of the alleged offending, and the high publicity surrounding the Masters Games earlier this year.
"It is common practice for media in New Zealand, which in a western democracy acts as a public watchdog for open and free courts, to report both criminal and civil matters prior to a plea or trial," the Herald argued.
"It is also common for media to publish both names and photographs of defendants prior to a plea or trial without negatively influencing potential jurors."
Community Magistrate Jan Holmes said the Bulgarians have "had a long time" to tell their families.
"It is the right of the media to report what happens in court ... you've had 3 weeks to inform your family.
"I don't see how the undue hardship grounds are advanced."
She told Hristov the very nature of the allegations were such that "the public has a right to know your identity".
"The Masters Games are well and truly finished and your team members have dispersed," she told Kolev.
Holmes also said there needed to be a "presumption of open justice".
The Bulgarians' visitor visas were due to expire tomorrow, the court heard during the men's first appearances.
Both men were remanded in custody until a bail review hearing later this month.