Carmen murder: Welfare of son cited in plea for secrecy

Brad Callaghan did not apply for bail. Photo / Brett Phibbs

His mother is dead and his father is accused of killing her.

Yesterday 5-year-old Jack was in the care of relatives as Brad Callaghan appeared in court charged with murdering 32-year-old escort Carmen Thomas.

But the little boy's welfare emerged during legal argument about whether Callaghan's name could be published.

Dressed in a police-issue blue boiler suit, the structural engineer looked dazed as he glanced around the crowded courtroom and listened to lawyers discuss his bid to keep his name from being made public.

Callaghan's lawyer, Stuart Grieve, QC, opposed media filming his client in court and asked for interim name suppression for the child's sake, so he could be told what had happened.

"Jack is only 5, but he may see TV images, newspapers and photos. If it is splashed over the news media his schoolmates may also see it and he may be the subject of comment," Mr Grieve said.

But Bruce Gray, QC, representing Herald publisher APN New Zealand, opposed the application for name suppression.

"There has already been so much public scrutiny and public debate about this case, so there has been plenty of time to prepare his 5-year-old son," Mr Gray said.

He told the court Callaghan's name had been in the public eye since August 7. He added that suppression would be "almost pointless" given the intense public discussion of the case and the fact Callaghan had previously spoken with Herald reporters.

Mr Gray said his rights to a fair trial would not be prejudiced by publication and that there were "no grounds to stop the media telling the public what happened in court today".

Judge David Burns declined the suppression application, saying it would be artificial to impose secrecy given Callaghan's identity had already been published.

He was not persuaded to grant interim suppression for a fortnight on the grounds of protecting Jack, saying that while it would have a "regrettable" impact on him, "it's not going to be any better in two weeks' time".

The judge said he was aware of the attention the case had attracted and that Callaghan had engaged with a number of news media outlets.

As Judge Burns delivered his decision, Callaghan looked around the room and swayed slightly, looking back and forth from the crowded public gallery to the packed media bench full of clicking cameras.

Police prosecutor Vicki Russell requested suppression of names and any identifying factors in relation to witnesses, associates and accomplices in the police investigation.

Callaghan did not apply for bail yesterday but Mr Grieve indicated he would be in a position to apply for bail on his behalf before the next appearance on October 12.