Crash accused loses secrecy bid

David Gregory Mascelle has denied a charge of careless use of a motor vehicle causing death. In the Hamilton District Court yesterday, he failed in his attempt to have his name suppression continued. Photo / Christine Cornege

The husband of Hamilton community magistrate Ngaire Mascelle is the driver charged over the death of William Hoskins, who was hit and killed after he left a cousin's wedding near Matangi.

David Gregory Mascelle lost his bid for name suppression at the Hamilton District Court yesterday, where he denied a charge of careless use of a motor vehicle causing death.

Mr Hoskins was heading back to a Cambridge motel from the Marychurch Rd wedding venue when he was hit by a vehicle about 4.45am on January 15.

The 26-year-old Hastings concrete worker was found critically injured shortly after by a motorist who raised the alarm, but Mr Hoskins died when emergency services arrived.

Judge Philip Connell denied an application for continued name suppression because earlier reports that a community magistrate was a passenger in the vehicle when Mr Hoskins was hit had created "suspicion" about other Waikato magistrates.

Judge Connell said one of those magistrates had been telephoned by media on her mobile phone and approached by a reporter at her home.

Ms Mascelle was one of six community magistrates, five of them women, appointed to the Waikato/Bay of Plenty region in 2008.

Defence lawyer Philip Morgan, QC, argued that to allow what had been published so far to influence the court's decision was to let the media get away with the "unfortunate reporting".

"They use their egregious reporting merely as a device to put some subtle pressure on the next judicial officer to lift it [name suppression]."

He said the fact that other community magistrates were under scrutiny had no bearing on his submission.

But after an adjournment to consider the matter, Judge Connell said the fact that the magistrate had been stood down as a matter of course because she was now a potential witness in the case would not go unnoticed by court staff, police, the media and some members of the public.

And he could not ignore the fact that other magistrates were under the spotlight.

The fact people could deduce which magistrate was missing from court and who her husband was rendered any name suppression redundant.

But the judge was at pains to point out that Mascelle did not face a failing-to-stop charge and that by "volunteering" himself to police he should not be presumed culpable.

Outside the court Mr Hoskins' father, Greg Hoskins, left quickly while his mother, Delwyn Hanna, was visibly distraught. About 12 family members had travelled from Hawkes Bay and Christchurch to see the accused.

They clashed with Mascelle and his five supporters, who did not include Ms Mascelle, as he tried to leave.

"If I ran somebody over I'd feel really guilty about it," Greg Hoskins' brother Tony said to Mascelle.

Mascelle, who owns a joinery business, remained silent but one supporter said he was innocent until proven otherwise and a Hoskins supporter taking photographs was pushed out of the way.

Tony Hoskins said he was glad Mascelle had lost name suppression. "He's never shown any remorse.

"Even if he turned around and looked at us and we could see the remorse."

Mascelle is to reappear in court in front of a judge from outside the Waikato region on May 14 for a defended hearing.