Two Auckland men accused of murdering a couple in Ellerslie are battling to continue to keep their names secret ahead of their trial.
The men, one aged in his 20s and the other in his 40s, are in custody ahead of their trial next year after pleading not guilty to the murders of Fuk-Fu Joseph Kwok and Mei Han Chong on November 5.
Two weeks ago, police laid a new charge against the pair of conspiracy to murder a third person, a woman unrelated to Kwok and Chong.
On Thursday, lawyers for the men appeared before Justice Christine Gordon in the Auckland High Court to argue they should continue to keep their names secret.
Mark Edgar represented the younger man, a foreign national.
Edgar argued publication of the man’s name before his trial could cause the level of extreme hardship required under the law for ongoing suppression.
He said the man was “completely isolated from his support network” as he confronted the possibility of a life sentence if found guilty of murder.
Other submissions Edgar made are unable to be reported at this stage due to a further suppression order imposed by Justice Gordon at the hearing.
Angela Roebeck, acting for the older defendant, argued publication of her client’s name could cause undue hardship to the man’s mother.
Crown prosecutor Matthew Nathan opposed both applications for continuing interim name suppression.
He said the younger man’s application lacked clarity around the extent to which he was at risk of harm, should his name be published, and as a result didn’t meet the legal threshold required for ongoing suppression.
“The threshold is high because the principle of open justice is such a fundamental part of the criminal justice system in New Zealand,” Nathan said.
Nathan said the stress caused by the fact he was facing a life sentence was the same for all defendants in his position and would be unchanged by the publication of his name.
He said the argument advanced by Roebeck was simply the natural consequence for the family member of someone charged with a serious offence.
Justice Gordon reserved her decision on name suppression.
Justice Matthew Downs had earlier set a trial date of April 28, 2025, for six weeks.
Court documents state the accused allegedly conspired to murder a woman between June 26 and November 4 last year.
A police statement said the charge “relates to a separate matter”. The charge of conspiracy to murder carries a maximum penalty of 10 years in prison.
The man in his 40s, from Glenfield on the North Shore, was the first to be arrested. He was found by police in Hamilton a few days after they allege he was involved in killing the couple on November 5 at their Ellerslie home in Celtic Cres.
The younger man was arrested shortly after at a home in Glenfield. Both were granted interim name suppression and remanded without plea when they appeared via audio-visual link in the Auckland District Court earlier this month.
The younger man is also charged with stealing the couple’s car.
Kwok, 66, was stabbed to death on Sunday, November 5, and a family member found his body at the couple’s home the following Monday evening.
His wife, Mei Han Chong, 67, went missing after the alleged murder, prompting a massive police search for her and the couple’s car. Police initially said Chong could have been either a suspect or a victim.
Police later revealed Chong didn’t drive, and evidence inside the couple’s home suggested she didn’t leave of her own accord. Officers then found her body in a bush area in Greenhithe overnight on Thursday, November 9.
Kwok’s colleagues at North Shore Hospital said he would be deeply missed as a “respected” colleague and “good guy”.
Staff said Kwok was a senior orthopaedic theatre nurse.
Kwok was “a very wise, respected” health worker and a “good guy”, a staff member told the Herald.
Brad Healey, interim group director of operations at Te Whatu Ora-Waitematā, extended condolences to the hospital’s theatre team, who were mourning their “respected colleague”.
“Joseph was a valued and well-liked member of our North Shore Hospital family and I would like to acknowledge his exceptional service,” Healey said.
“Our hearts are with those who worked with him.
“They are feeling this loss immensely and we will ensure they are supported through this period.”