Customs then identified that the alleged offending had occurred at Massey University in Palmerston North.
A warrant was executed in December last year at Dmello’s home, and a forensic examination of his laptop and mobile phone was conducted.
Dmello is now facing five representative charges of exporting an objectionable publication and five representative charges of distributing objectionable publications.
He unsuccessfully sought name suppression during a hearing in the Palmerston North District Court but appealed that decision to the High Court.
The High Court dismissed his appeal on June 5 and the appeal period for that ruling has now expired, meaning that NZME can now name him.
‘… This is exactly the attitude I expect employers will have if they find out about these allegations’
According to Justice Karen Grau’s ruling, Dmello is an aspiring pilot and was studying a Bachelor of Aviation before transferring to Aviation Management.
The ruling notes that due to family circumstances back in India he began drinking more than usual and missed classes, which caused him to fail three papers.
If he failed more papers he would not be able to continue studying which would have breached his visa conditions, so he transferred courses which he described as a “longer, but cheaper and easier route to gain an education in the field of aviation”.
Dmello likened his situation to medical students who study an undergraduate degree in science in an attempt to gain postgraduate admission to medical school.
He said this route would set him back eight years and disadvantage him professionally, as he said that airlines prefer to hire younger pilots.
Dmello fought to keep his name suppressed to avoid employment issues when he finished his studies.
After his arrest, he was remanded in custody as his flatmates refused to have him near their children due to the allegations.
While he has elected trial by jury, the charges remain as allegations, which Dmello emphasised in his submissions to the court seeking suppression.
He said the way his flatmates reacted was of significant concern.
“This is exactly the attitude I expect employers will have if they find out about these allegations,” he told the court.
As part of his submissions, Dmello said he believed that if his name was published, it was “almost certain” he would never be hired by an airline.
Defence lawyer Josh Harvey argued commercial airlines will not hire Dmello if there are public articles naming him, even if he’s acquitted of those charges at trial.
Harvey provided evidence from the New Zealand Airline Pilots Association, the country’s largest pilot union, that said if Dmello lost name suppression, it would effectively render him unemployable.
However, Justice Grau said Dmello was still in a very early stage of his training and any effect on his career was too speculative to meet the test for continued name suppression.
“Should Mr Dmello be successful in obtaining his qualification as a pilot, he will be subject to a “fit and proper person” test,” Justice Grau said.
“Notwithstanding the evidence provided, I am unable to accept that, if Mr Dmello was eventually acquitted, a potential employer would inevitably go beyond that test and take into account publication of these allegations, at least without seeking comment.”
In her judgment, Justice Grau said that by the time Dmello graduated, he would be 28 years old, and the allegations - if they did not proceed to a conviction - would not necessarily prevent him from becoming a pilot as long as he met all of the other requirements.
Jeremy Wilkinson is an Open Justice reporter based in Manawatū, covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.
