Are New Zealand's suppression laws outdated in wake of Grace Millane case? Video / Dean Purcell / Michael Craig
A prominent New Zealander is due to appear in court for the first time on serious charges today.
The high-profile defendant’s case is scheduled for a first appearance this morning in the Wellington District Court, where media will challenge heavy suppressions keeping the case shrouded in secrecy.
A registrar earlierconfirmed to the Herald the man’s lawyer applied for interim suppression of his identity and the charges last week.
Crown prosecution consented to the application and it was granted in chambers by Judge Noel Sainsbury on Friday last week.
“In [the application], it references ‘all information, facts and details of the charge’,” the registrar said.
Judge Sainsbury granted a broad order suppressing name and facts.
The case will be called in the Wellington District Court this morning.
The man faces eight charges listed as category three offences. These are offences that are punishable by prison terms varying from two years to life imprisonment.
A person facing category three charges may elect either a judge-alone trial or a jury trial in the district court.
The Herald will signal its opposition to the continuing of suppression orders at today’s hearing.
Under the Criminal Procedure Act 2011, the court may suppress the identity of a defendant if it is satisfied publication is likely to cause one or more of eight outcomes, the most common being extreme hardship to the defendant or people connected to them, prejudice to fair trial rights, and the identification of someone else who has name suppression.
For example, at today’s call the defendant’s lawyer must only advance an “arguable case” that one of the grounds for suppression applies.
This gives the lawyers and parties involved the opportunity to gather evidence and submissions before the suppression application is dealt with at a substantive hearing.
Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 10 years.
