A former rugby league test player facing sex charges has won the right to stop his name from being published prior to any trial.
Judge Mike Lance granted the former Kiwis player name suppression following a hearing at Auckland District Court today, saying the impact of publication on third parties
outweighed reasons to make his name public.
The former Kiwi faces charges of rape, sexual violation and sodomy against a complainant on June 15 this year.
Judge Lance said name suppression can be granted if the public's right to open justice is outweighed by issues including the presumption of innocence, impact on the accused's family, causing a disproportionate impact on a public figure, the possible denial of a fair trial or the impact on third parties.
Of these, it was the likely disproportionate impact on third parties which convinced Judge Lance that name suppression was warranted.
Information about the third parties cannot be published as they would lead to the accused being identified.
All submissions by crown prosecutor Deb Bell and defence lawyer Gary Gotlieb and evidence of all four witnesses called by Mr Gotlieb in today's hearing were also suppressed by Judge Lance.
Cameras were allowed to film the hearing but were not allowed to film the accused, witnesses or the public gallery.
The former Kiwi was remanded on bail to a pre-depositions hearing in Auckland District Court on September 13. A 9pm to 6am curfew imposed last week as part of his bail conditions was revoked.
Both Ms Bell and Mr Gotlieb indicated the trial would probably be mid-2007.
- NZPA
