Former All Black accused of drink-driving fights for name suppression

The person will appear in court next month. Photo / File

An ex-All Black charged with drink-driving has been fighting to keep his identity a secret.

The sports star was due to appear in a court this morning, but after the Herald filed a media application for the appearance, an earlier hearing was scheduled without media present.

It is understood a judge granted an ex parte suppression order for the man last week, so his name could be kept secret until suppression could be ruled on this week.

A legal expert told the Herald ex parte orders are "unusual" and require "exceptional circumstances" to be granted.

"The average person wouldn't get this," said University of Canterbury dean of law Ursula Cheer.

"Ex parte means ... that nobody gets a chance to hear that it's even happened or argue against that."

A judge can make an ex parte suppression order without all of the interested parties to a case being present, concealing the identity of the defendant until the matter can be properly heard in court.

"Ex parte orders are undesirable from an open justice perspective," Cheer said.

"Usually they're applied for because it's seen as urgent."

There was often a "very important reason" for such an order to be imposed.

While there is nothing specific in legislation about ex parte suppression orders, "one would assume [they are] like any order", in that the defendant would need to be at risk of suffering extreme hardship to have suppression granted.

The Criminal Procedure Act specifically states that the fact a person is well known does not, of itself, mean extreme hardship would follow the publication of their name.

Cheer said it was important for media to be included in suppression arguments, as journalists "sit in court in place of the public".

"We need to know that what goes on in court is correct and appropriate and fair."

If ex parte orders were not made only under exceptional circumstances, "the whole system would be undermined and transparency would be undermined".

The Herald was not notified of the suppression hearing this week, though it was held in open court.

Ministry of Justice courts and tribunals group manager Jacquelyn Shannon apologised for the Herald not being notified of the hearing due to an "oversight".

"Court registry employees will be reminded about the role of the media in courts following an oversight where the New Zealand Herald, as an interested party, was not notified of a matter to be heard in an open hearing.

"The ministry acknowledges the important role the media play in the justice system and I want to apologise to the Herald for this error."

Today's appearance was rescheduled to next month.

According to charging documents, the former rugby player is accused of driving with excess breath alcohol after allegedly giving a reading of 600mcg.

The legal limit is 250mcg, but anything over 400mcg can lead to a conviction.

A lawyer believed to be representing the man declined to comment on the case.