A company director who pleaded guilty to more than 35 charges of importing child pornography over the internet has been granted name suppression while he undergoes counselling.
The North Shore man was caught in a worldwide internet sting identifying people who paid to access websites and download pornographic images of
children. Customs objected to the 61-year-old receiving permanent name suppression, saying convicted offenders could no longer hide behind a computer screen in the privacy of their home.
The man had admitted 38 charges of importing child pornography and was fined $5700 plus costs of $500 when he appeared in court on July 29.
His lawyer, Gary Gotlieb, applied for permanent name suppression and supplied psychologist reports saying his client was a suicide risk. He also gave family reasons, saying the man's wife would be prevented from attending church if his name was published.
In a decision released yesterday, Judge Barbara Morris said there was public interest in disclosing the names of people with a "predilection for the viewing of this type of material".
"Without 'purchasers' being prepared to 'buy this material on the internet' the children involved would not be subjected to this abuse," she said. "These are real children involved in real acts, and but for a market for this form of depravity the abuse would not occur. Deterrence is a dominant feature on the sentencing landscape in this area."
Judge Morris said the man's mental health played a significant role in her decision and took into account his counselling, which began in March and was ongoing.
She suppressed his name for six months, allowing for a year of therapy before the man "has to endure the extra burden of publicity".
About 20 men nationwide have pleaded guilty to downloading images and received fines. Most have been named.
A 44-year-old Christchurch businessman this month won permanent name suppression after the High Court upheld a District Court ruling preventing publication. Customs had challenged the decision.
A 48-year-old company director from Pt Chevalier who pleaded guilty in the Auckland District Court this month was granted permanent name suppression. Customs is appealing the decision.
And a 36-year-old Glenfield man is due in court next month to argue continued name suppression.
