Northland leader loses bid to keep name secret in assault case but still can’t be named

The Northland leader is fighting to keep their identity hidden after being accused of assault. Photo / NZME

A prominent Northland leader charged with common assault is fighting to keep their name secret, despite being denied name suppression.

The person is accused of assaulting a named person in Whangārei on September 15.

They first appeared in the Whangārei District Court on September 17 and were granted interim name suppression after lawyer Sam McDonald argued their fair trial rights could be compromised and publication would cause extreme hardship.

The person is yet to enter a plea against the assault charge, which was allegedly against a distant relative.

In a name suppression hearing yesterday, Judge Gene Tomlinson said it had not been proven that extreme hardship would result from publication.

Name suppression was declined, but an interim order to keep the name secret was granted to allow a chance for appeal.

McDonald had tried to argue that the person, their family and employers would suffer extreme hardship from publication.

Because of the person already being the brunt of online harassment, they would suffer a real safety risk and disproportionate reputational harm from being named, he said.

Both the police prosecutor and Northern Advocate publisher NZME opposed continuing name suppression, saying there was high public interest in the case.

Judge Tomlinson said the bar for name suppression was very high.

“The starting point is, of course, open justice: it is vitally important in a democracy to have free speech and the right of the media to report judicial proceedings fairly and accurately.”

While Judge Tomlinson said the person had served the Northland community, publishing their name would not cause extreme hardship to them, their family or their employers.

He took a swipe at online harassment, saying it was despicable and wrong, but said ending name suppression was unlikely to make such harassment any worse.

The judge said continued name suppression was declined, but he allowed McDonald a chance to appeal this decision.

This means the person’s name and identifying features must be kept secret for at least 20 working days, to enable a fair appeal to the High Court.

Meanwhile, the person is on bail until October 17, when the assault charge will be considered in court again.

If the person is found guilty, the charge carries a maximum penalty of six months in prison or a fine of up to $4000.

Denise Piper is a news reporter for the Northern Advocate, focusing on health and business. She has more than 20 years in journalism and is passionate about covering stories that make a difference.