Carmen Thomas' son in new town, identity hidden

Carmen Thomas. Photo / Supplied

The 6-year-old son of Carmen Thomas and her accused murderer, Brad Callaghan, lives under a false name in a country town where only his school's headmaster knows his real identity.

Jack Callaghan does not yet know the full circumstances of his mother's death but is coping well, according to affidavits filed in the High Court in a bid to protect his privacy.

Brad Callaghan, 33, has pleaded not guilty to the murder of his ex-partner, and will stand trial next February.

He is in Mt Eden Prison, and was refused bail last week.

Callaghan was arrested in September last year after a three-month investigation into the disappearance of 32-year-old Ms Thomas.

Two weeks later, police found the dismembered remains of her body in plastic buckets covered in concrete in a shallow grave in the Waitakere Ranges, West Auckland.

Callaghan has obtained High Court suppression orders to protect Jack from media and public interest in the upcoming murder trial.

Callaghan asked Justice Rebecca Ellis to appoint him a litigation guardian for his son and grant injunctions to stop publication of any photographs or information which might identify where Jack lives.

In an affidavit to the court, Callaghan said he was able to conduct proceedings on behalf of his son "fairly and competently" despite being behind bars.

"Jack, at the age of six, has had a lot to deal with. His mother is dead and his father is in prison. I want to protect Jack from any further trauma," he wrote.

"Before her death, Carmen and I shared the care of Jack. He is now living ... in a small rural town. We have taken care to protect his privacy by keeping his whereabouts secret, and he attends a local school under an assumed name.

"Jack is settled at school and is coping with the many changes in his life as best can be expected. With the exception of his headmaster, no one at his school knows his true identity."

In his affidavit, Callaghan said media had tried to contact his family.

In September last year - after Callaghan was arrested for the murder of Ms Thomas the previous June - his mother found a note and business card from a New Zealand Herald reporter in her letterbox, but she did not call him back.

Then Callaghan referred to a "disturbing incident" in April when two people identified themselves as reporters for the Sunday Star-Times to his mother.

The Sunday paper denied this in correspondence with Callaghan's lawyer, Antonia Fisher - who is married to Stuart Grieve, QC, who will defend Callaghan at trial.

Callaghan was concerned that the high level of media interest in the case could have a negative effect on his son.

"I am concerned this will increase considerably if I am granted bail and that media attention will focus on Jack and any contact I have with him."

However, his bail application was rejected last week.

His affidavit also revealed that the civil engineer, who worked for construction company Mansons TCLM until his arrest, was receiving legal aid.

Justice Ellis appointed Callaghan a litigation guardian for Jack and made suppression orders to protect the boy's privacy.

A litigation guardian is required to act on behalf of a minor, such as Jack, in court proceedings.

Justice Ellis granted an injunction barring publication of any photographs of Jack or any information which might identify where he lives.

Justice Ellis said that the murder charge against Callaghan was not in itself grounds against appointing him a litigation guardian.

She noted that he had pleaded not guilty and was therefore innocent until proven otherwise.

"In my view, the most important factor is whether Mr Callaghan is competent and will have Jack's best interests at heart in his conduct of the intended proceedings," the judge said, "and I can see no basis for concluding that he is not, or that he does not."