Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Judgment: Fairfax v Ismail - Name Supression

[Full document: Fairfax_New_Zealand_Ltd_v_Ismail_Name_Suppression.pdf]

NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS, OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND

WELLINGTON REGISTRY

CRI-2014-485-000056
[2014] NZHC 1525

UNDER
Subpart 7 or Part 6 of the Criminal Procedure Act 2011

IN THE MATTER
of an appeal against an order suppressing the name of the Respondent made by the District Court at Wellington in CRI-2014-085-005323 on or about 30 May 2014

BETWEEN

FAIRFAX NEW ZEALAND LIMITED
Appellant

AND

MUHAMMED RIZALMAN BIN ISMAIL
Respondent

[…]

REASONS FOR JUDGMENT OF COLLINS J

Introduction

[1] This judgment explains why on 1 July 2014 I granted an appeal by Fairfax New Zealand Ltd (Fairfax) from a decision of Judge Davidson made in the Wellington District Court on 30 May 2014. Fairfax appealed Judge Davidson’s decision to extend an interim name suppression order in relation to Mr Ismail.

[…]

Analysis

[19] Judge Davidson was placed in an unenviable position when the police advised him that they did not oppose continuation of the interim name suppression orders. With the benefit of hindsight it would have been wiser for the police to have focused on whether or not the statutory criteria for interim name suppression applied.

[20] Mr Burston, who did not appear for the police in the District Court, has now properly focused on the statutory criteria for name suppression and agrees with Fairfax that none of the criteria for name suppression applies in this case.

[21] I agree with the stance now taken by Fairfax and the police. In particular:

(1) there was no suggestion Mr Ismail would suffer extreme hardship if his name was published in connection with the charges;

(2) there was no suggestion that it was necessary to suppress publication of Mr Ismail’s name in order to avoid casting undue suspicion on another person. On the contrary, continuing to suppress publication of Mr Ismail’s name is likely to unfairly cast suspicion on other members of the Malaysian High Commission in New Zealand;

(3) there is no suggestion that publishing Mr Ismail’s name will cause undue hardship to the victim. The victim of this case enjoys automatic name suppression and nothing may be published which could identify her; [Criminal Procedure Act 2011, s 203.]

(4) there is no suggestion that publication of Mr Ismail’s name would pose a real risk of prejudice to any trial. Mr Ismail has now left New Zealand’s jurisdiction and, as at 1 July 2014, there was no certainty he would ever face trial in New Zealand; and

(5) there is no suggestion that any of the other criteria in s 200(2) of the Act applied in this case.


[22] Thus, absent any statutory basis to continue the interim suppression orders made in favour of Mr Ismail, I allowed Fairfax’s appeal. When reaching this conclusion I was satisfied that while the Convention required Mr Ismail be treated with due diplomatic respect, his status did not alter the statutory criteria that governed the decision that was made on 30 May 2014.

[23] I carefully considered whether or not it was appropriate to hear the appeal in the absence of any representation for Mr Ismail. As Mr Ismail chose to exercise his right to leave New Zealand and place himself beyond the immediate jurisdiction of New Zealand’s courts I believed he had effectively waived any right he would otherwise have had to be heard in relation to the appeal.

Conclusion

[24] The order made on 30 May 2014 continuing the interim name suppression of Mr Ismail was quashed by me on 1 July 2014.

[25] Nothing may be published which names or otherwise identifies the victim.

[Full document: Fairfax_New_Zealand_Ltd_v_Ismail_Name_Suppression.pdf]

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Labour's 'Future Of Work': Major Reform Of Careers And Apprenticeships

The next Labour Government will transform careers advice in high schools to ensure every student has a personalised career plan, Leader of the Opposition Andrew Little says. More>>

ALSO:

State Investments Management: Treasury Likes IRD, Not Education Or Corrections

The Inland Revenue Department has scored an 'A' in the first tranche of the Treasury's investor confidence rating for state agencies that manage significant Crown investments and assets, gaining greater autonomy as a result, while the Corrections and Education ministries gained a 'C' rating. More>>

ALSO:

Govt Goal: NZ To Be "Predator Free" By 2050

Prime Minister John Key has today announced the Government has adopted the goal of New Zealand becoming Predator Free by 2050... “That’s why we have adopted this goal. Our ambition is that by 2050 every single part of New Zealand will be completely free of rats, stoats and possums." More>>

ALSO:

Gordon Campbell: On The IOC’s Treatment Of Russian Sport, And Lone Wolf Terrorism

A blanket ban on Russian athletes would also have exposed the IOC to criticism that its treatment of Russia would have been marked contrast to its treatment say, of the track and field team from Kenya – a country about which the IOC has very similar doping concerns. More>>

ALSO:

Sounds Like A Plan: Auckland Council Receives Unitary Plan Recommendations

A key milestone in New Zealand planning history was reached today when the Independent Hearings Panel delivered the reports containing its recommendations on the Proposed Auckland Unitary Plan. More>>

ALSO:

National Park Expansion: Forests And Coast Of Kahurangi Protected

Five parcels of high value land totalling more than 890 hectares have been formally gazetted as part of the National Park. More>>

ALSO:

PPP Go-Ahead: SkyPath Gets Unanimous Support

Auckland’s SkyPath project has been given the go-ahead to be delivered through a public private partnership, after a unanimous decision at today’s Finance and Performance Committee. More>>

ALSO:

Gordon Campbell: On The Reserve Bank, The UN Shortlist, And Trump

Can there really be there any link between the US presidential elections and yesterday’s RBNZ signals on interest rates and the NZ dollar? Well, maybe. And it would be this: the improving US economy is reportedly putting a tailwind behind the US dollar, and rendering the actions of our Reserve Bank virtually irrelevant. More>>

ALSO:

Gordon Campbell: On What John Key Should Be Asking Joe Biden

No doubt, US Vice-President Joe Biden will be updating Prime Minister John Key on the chances of a TPP vote taking place in the ‘ lame duck’ session of Congress that’s held between the November’s election and the inauguration of a new President in January. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news