A trainee policeman charged with choking a prostitute unconscious and raping her has succeeded in keeping his name secret amid concerns that more publicity might prevent him from getting a fair trial.
The 32-year-old is to stand trial on charges of sexual violation and intent to cause grievous bodily harm
after allegedly attacking the prostitute he hired for sex in March 2003.
The Christchurch man was charged after a routine fingerprint exercise at the New Zealand Police College last September resulted in his fingerprints allegedly being matched to those found at the scene of the attack.
He has since been suspended from police training on full pay.
At a depositions hearing this month, Judge Michael Green said that in his view the accused police trainee was likely to be convicted, and he denied an application to continue suppression of his name.
But at a High Court appeal in Christchurch yesterday, Justice Graham Panckhurst overturned the decision, allowing name suppression to continue.
"Here we have the very unfortunate circumstances of a judge publicly expressing views about the strength of the case, and no suppression in relation to that, and subsequently high-profile publicity of those views," Justice Panckhurst said.
"It might be said that the horse has bolted in the sense this publicity has already occurred. On reflection it seems to me that the fair trial risk will be heightened if, in addition to publicity a few days ago, the appellant's name is added to the mix."
The accused's lawyer, James Rapley, told the court he considered the comments by Judge Green about the strength of the case against his client concerning and unfair.
Those comments added to his client's name in publicity could be read by and recalled by jurors in the upcoming trial.
His client had yet to be identified by the victim, and it was significant there had not yet been any opportunity to cross-examine her on her evidence, Mr Rapley said.
