“The trial was delayed, and had it been held earlier, we wouldn’t have been in this five-year situation,” says Leask.
“Due to Covid, various appeals by the offenders on what was going to be allowed to be produced in court, it just pushed that trial day out longer and longer.”
Leask says that while name suppression does automatically apply in some cases, most defendants need to apply to the court to be given this protection.
“You have to put your case to the court and prove that need suppression in the interest of a fair trial or that someone will suffer severe hardship if your name is out there. There’s definitely a threshold you have to meet.”
This rule applies regardless of the profile of the defendant.
“Everyone has to go through the same process. They have to apply, submit their argument and have it considered by the judge,” says Leask.
So why is it that some high-profile people seem to get better protection than normal people? Is the system still fit for purpose in the age of social media? And how could suppression laws be improved?
Listen to the full episode of The Front Page podcast for a full rundown on this complex legal issue.
The Front Page is a daily news podcast from the New Zealand Herald, available to listen to every weekday from 5am.
You can follow the podcast at iHeartRadio, Apple Podcasts, Spotify, or wherever you get your podcasts.
