Names of drug-case duo secret for now

Co-accused Nicholas Henri Voerman is already serving a three-year jail term for dealing the Class-B drug Ecstasy. Photo / David White

The identities of a professional Auckland man and a female associate caught up in major drug-related crime remain secret after a last-ditch legal appeal was promised to be made.

High Court judge Justice Rebecca Ellis last week dismissed the pair's appeal against a District Court judge's previous refusal to grant them permanent name suppression.

Their names, occupations, relationship and the serious charge they faced have been suppressed since the pair were arrested in July 2008.

A co-accused, Nicholas Henri Voerman, 53, has pleaded guilty to the charge and was jailed for 12 months in January, a sentence to be served alongside a three-year jail term for dealing the Class-B drug Ecstasy.

The 60-year-old woman also pleaded guilty to the serious charge in January and was convicted and fined $10,000.

The 65-year-old man was discharged by Judge Colin Doherty on the basis that the Crown evidence against him was inadmissible.

The man's defence lawyer, Andrew Speed, successfully argued that the evidence was hearsay, as the bugged phone calls made reference to the man but he was not a party to the conversations.

However, Judge Doherty refused to permanently suppress the pair's names - a decision Justice Ellis backed. In her written judgment, she dismissed their appeal and said there was no error in Judge Doherty's decision to refuse suppression.

Justice Ellis said the public interest in open reporting of court proceedings was not limited to cases where there had been a conviction. "There is a very real public interest in knowing about all aspects of the operation of the justice system and court process."

However, Mr Speed yesterday asked Justice Ellis for leave to appeal her decision to the Court of Appeal, which she declined as no question of law was raised in the application.

But Mr Speed told the court that if leave to appeal was declined by Justice Ellis, he was instructed to apply for special leave to the Court of Appeal.

Justice Ellis said the interim suppression orders would continue until the special leave application was filed, and set a deadline of 4pm on Friday.

The suppressions will remain in place until the Court of Appeal makes a decision.