Today, the men at the centre of the Mama Hooch drink-spiking and sexual assault case can finally be named - almost five years after their initial arrests.
Mama Hooch sexual predators Danny and Roberto Jaz: why it took five years to publish names of rapist brothers at centre of Chch stupefying, assault case
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The Herald attended the majority of the trial and has published a full account of the offending - and how the “predators” came to police attention in the first place.
If not for the brave young victims who disclosed their harrowing ordeal to police and then in a courtroom full of strangers, the Jaz brothers may have continued to offend against more women.
With the lifting of the name suppression order - the reasons for the secrecy can now be laid bare.
When the Jaz brothers and their associates were charged, all four were granted interim name suppression.
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This meant nothing that could identify the men could be published, including the name of the bar.
The suppression remained in place during the lengthy court process so as not to prejudice a future jury and protect the accused offenders’ rights to a fair trial.
Along the way one of the men sought to have his prosecution severed from the Jaz brothers and the other associate.
That was allowed, creating two separate trials - the first for Roberto, Danny and the third man, and the second for all four men.
Because both trials were to be heard by a jury, suppression was even more important to protect fair trial rights.
If the men were named in relation to the Mama Hooch offending in the first trial, a second jury may recognise them and be tainted in the second trial.
Days before trial one, the men changed their election to judge-alone.
There were no further fairness issues there but there was still the prospect of a second jury in trial two.
A week before trial two though the men changed - again - to a judge-alone proceeding.
Roberto Jaz then pleaded guilty to his charge of indecent assault and the Crown confirmed it would not pursue charges against Danny Jaz and the third man.
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Given the Jaz brothers were no longer part of trial two - Judge Mabey refused to continue their name suppression.
He allowed the third man - acquitted on all charges but one of offering to supply drugs - further secrecy though after his lawyer indicated he would seek a discharge without conviction and a permanent suppression order.
He will make a decision on the third offender on July 21.
The Jaz brothers both appealed Judge Mabey’s ruling to the High Court - triggering automatic suppression.
As they awaited their hearing in the higher court, the fourth man’s trial for one charge of sexual violation went ahead.
He was acquitted on the single charge and his lawyer indicated he would seek permanent suppression.
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That decision will also be made by Judge Mabey in July.
On May 16, Justice Jonathan Eaton heard the appeals for the Jaz brothers.
Danny’s lawyer told the court he had a third trial coming up for an alleged assault on a patron at Mama Hooch after comments were made about drink-spiking at the bar.
Because of that, publishing his name could prejudice a future jury.
Roberto’s lawyer Trudi Aickin told the court if he was named a relative of the siblings would suffer “extreme hardship”.
The woman wanted both men to retain name suppression until they were sentenced in August so she could effectively leave Christchurch, where she claimed she and family members were “terrified of being persecuted by members of the community” and were already being subjected to abuse, vitriol and threats relating to Danny and Roberto’s offending.
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The woman felt scared and threatened in her home, which she “rarely left for fear of being vilified”.
Aickin said keeping the rapist brothers’ names secret until sentencing would allow the relative “time to make arrangements for her personal and financial wellbeing”.
Justice Eaton reserved his decision, indicating he’d make a ruling within a week.
Yesterday, the charge of assault against Danny Jaz was withdrawn, thus cancelling any future trial.
That done, he had no further basis on which to seek continued suppression and he abandoned his appeal.
Justice Eaton delivered his decision today - allowing publication at 1pm to “ensure the victims of the offending by the Jaz brothers have the opportunity to learn of the outcome of this appeal from the victim’s advisers or the police, rather than through the media”.
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Noting the victims were also “strongly opposed” to any further suppression, he dismissed both appeals.
Danny Jaz had abandoned his entirely - making that decision clear-cut.
And Justice Eaton said Roberto Jaz had “failed to establish that publication of his name will be likely to cause extreme hardship to [the relative]” and he dismissed the younger man’s appeal.
He acknowledged the impact on the woman but said any hardship she was suffering “flows from the fact of the offending, trial and conviction, and not publication of the names of [the offenders]”.
And so, finally, Danny Jaz and his younger brother Roberto Jaz can now be named as the rapists of Mama Hooch.
SEXUAL HARM - WHERE TO GET HELP
If it’s an emergency and you feel that you or someone else is at risk, call 111.
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If you’ve ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station.
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If you have been sexually abused, remember it’s not your fault.
