Name Suppression Cancer continues to spread

Gisborne Judge Graham Hubble has given a “high-level sportswoman” a discharge without conviction on a drink driving charge. ¬†As a bonus, she also received permanent name suppression.

The Police aren’t happy with this. ¬†In spite of the main stream media trying to crank this up as someone truly famous, they have just issued a press release to pour cold water on that idea:

Police have also confirmed the woman is not well known nationally and does not play a mainstream sport.

And so the dance of who is or isn’t likely to be the person involved starts. ¬†Again.

It’s such a miscarriage of justice that Queens Council Nigel Hampton has made a strong protest about it

Mr [Nigel] Hampton said he was “very surprised” when he heard about the case. “I would say it’s quite exceptional for a discharge without conviction to be granted in these circumstances,” …

Asked if he thought the woman had received special treatment because of her sporting status, Mr Hampton replied: “It sounds a little like it, and one wonders whether that should be the case.

“You think of various high-profile people who have been charged with drink-driving – from actors like Robyn Malcolm to lawyers like Colin Carruthers – and they don’t ask for suppression of name and they don’t see it as a hindrance for them going overseas, because I am sure it’s not.”

So here we essentially have a nobody that went for a drive twice over the limit, getting discharged, and got name suppression, because her lawyer stitched up a story as to how a conviction would prevent her from competing overseas.  

Even if that was true, those are called consequences.

This time there are no victims to protect, and the “high level” sportswoman got a get-out-of-jail-free card.

But what the judge hasn’t counted on is the Streisand Effect. ¬†The interest in this case is now coming from the media, the legal profession as well as the Police, so when this gets overturned, the poor little darling is going to be¬†very well known, nationally.

To illustrate, who is Jenna Kendall Louise Mackenzie?

I suspect most of you don’t know. ¬†Well, Jenna did exactly the same thing, was charged, convicted, and as an Olympic hopeful, her counsel tried and failed¬†to get name suppression:

Her counsel John Black unsuccessfully tried to argue for discharge without conviction and name suppression, stating a conviction would ruin her chances to travel and be selected for the 2012 Olympics, and to fundraise for future international events.

The drink-driving incident had followed the loss of a close friend and was out of character, he said.

Timaru police prosecutor Sergeant Mylen Hamilton opposed the name suppression and discharge without conviction on the grounds as a sportswoman of national standing she should have been more aware of the consequences of drink-driving.

Judge Maze agreed.

Judge Maze should go kick Judge Hubble up the bum:

Judge Maze said the conviction could compromise her ”very real chance” of being selected for the 2012 Olympics but that did not make the offence ”right or proper to use a discharge without conviction”.

”People would know within the relatively small sporting area she has pled guilty to drink-driving.

“To discharge without conviction and suppress her name would leave open the opportunity for the defendant to cause embarrassment to other organisations and cause resentment because others who commit drink-driving offences and have to live with the consequences in their chosen field.”

Consequences.  You do something wrong, you pay the price.

The days of “high level” sports or business people hiding behind the law after breaking it should have been well in the past. ¬†Instead, we have idiots for judges that think it’s a good idea to send the message that as long as you are successful in some part of your life, the courts will protect you if you have done something wrong.

Via: NZ Herald, NZ Police, One News

  • ConwayCaptain

    here is a saying “Lex est Rex, Caveat Rex”. The Law is King, the King beware”.
    Now we get all the people whomthink thatb theybare God’s Gift to NZ wanting name suppresion.
    NO

  • williamabong

    Cheque book justice once again, perhaps she coaches the judges son at tiddlywinks, or something else vitally important.

  • Tristanb

    Who hates a cross-post? I know I do. But I just finished typing this at kiwiblog, and can’t be bothered rewriting it. Copy and pasted verbatim.

    The arrogant judge who let the Gisborne sportswoman off without conviction has a history of doing so. If you’re ever caught over the limit, ask for this guy: Judge Graham Hubble.

    * He thought it okay to let a drunk driver off his 12th conviction because of a problem with contacting a lawyer immediately because of a phone issue. (I don’t see how this changes the fact of his drinking and driving, but yep, he gets off on some technicality.)

    * Some guy headbutts a cop: Judge Hubble said that after looking into Chandra’s background he was “not such a bad person after all”. Discharged without conviction.

    * And then this guy:
    A 22-year-old who, within days of ploughing his car through a fence and then into a ditch, was caught driving over the limit a second time will serve his sentence at home.

    * What about being so pissed, you piss into the breathalyser? Not just a bit pissed, but 1137mcg/L – you also crash into someone’s house. Surely that would get you a decent sentence, right?

    He turned to see Thompson, still seated, urinating into a box of breath screening tubes. Thompson continued urinating despite repeated demands to stop. The 301 contaminated tubes had to be destroyed. Thompson admitted drinking and driving but was unable to offer any explanation. He was taken to Christchurch for detoxification. Judge Graham Hubble disqualified Thompson from driving for nine months on the excess breath-alcohol charge and a concurrent three months on the careless use count. He was fined $200 for wilful damage.

    * Okay, well how is Hubble about granting bail.
    Say someone smashes parking meters and steals the money. About $13,000.
    Police oppose bail. Bail is granted.

    Immediately after being released, he does it again. 10 more machines. Arrested again. Appears in court. Police oppose bail.

    “It looks as though you’ve gone out and attacked another three machines and taken more money,” the judge said.
    Bail is granted.

    For fuck’s sake. When will these idiot judges learn? They must know that the public hates the fact that they make the law powerless to protect us from the scum of society. Why name suppression and discharge without conviction for this sportswoman? Why should her dangerous actions not cause her consequence??

    • TANSTAAFL

      The Solicitor General should be directed to appeal this idiot judge’s stupid rulings, before they become “precedents”

      • peterwn

        The judge’s ruling will set no precedent – seems the judge has not bothered to read up the high court precedents. The wording on discharge without conviction in the Sentencing Act is very niggardly (too niggardly IMO) and requires a balancing act between the severity of the offence and of a conviction on future job prospects and possible overseas travel restrictions 9especially to USA). High Court precedents interpret the Act strictly – ie against discharges without conviction. Anyway as far as I am concerned, since drink-drive carries mandatory disqualification, the judiciary has no business to ‘white ant’ the purpose of the legisation as determined by Parliament by sischarging without conviction.

      • dotcom

        Good news for you tanstaafl. Good news for all of us.
        Police have already indicated that they want to appeal. Police are “seeking legal advice” (which maybe means “seeking political advice”).

    • Yoni

      That record speaks for itself. This is a failure of the system that this judge will keep going till he feels like retiring

      Maybe this blog should track every decision he makes

    • layoutman

      Its ok – its not because she’s a non-famous sportswomen.. but ” because she was a Maori who grew up poor but managed to excel in her field despite her hardship” AND “because she was having a “bad time” after breaking up with her boyfriend and was “sad””

      http://www.nzherald.co.nz/crime/news/article.cfm?c_id=30&objectid=10863727

      • layoutman

        Why can’t we get judges like this instead..
        Extra 5k fine for being rude and treating court like a joke, 30 days in jail for being rude again!

  • Tristanb

    And having a conviction doesn’t affect your chance of going to the Olympics. The NZOC doesn’t give a shit about what nasty stuff you’ve done in the past.

    They took Soulan Pownceby!! He’s a famous Olympian boxer, who killed his five month old daughter escaping with manslaughter (it obviously should have been murder). Anyway, he still got to go, so I doubt a DIC conviction will worry the committee much.

    It’s just a shit judge – and we have many of those in NZ.

    • Tristanb

      That person has no name suppression for that charge. I think. It’s on Wikipedia, and they’re anal about name suppression.

      Anyway, since his name is blanked, I thought he had name suppression for wife beating, but his name was released for the child killing. I didn’t mention the wife beating.

      Name suppression doesn’t mean I can’t mention him in a different context.

      • http://www.whaleoil.co.nz Whaleoil

        You’ve got it…it was the extra stuff

  • http://twitter.com/AkulaUH J.M

    Excellent post. Name suppression is a fucking joke.

    • Honcho

      If name suppression is a joke then what do you make of getting let off drink driving when your twice the limit?

      Offender should be charged, fined, licence taken away … Judge should be charged, fined and have his job as a judge taken away.

  • Bruno 32

    Gisborne [your turning horrid whale ] court is the scene of lots of deep shit. I can see how a judge could be a bit lenient on an individual that will never reoffend and will learn from the bad experience.

    • http://www.whaleoil.co.nz Whaleoil

      Fixed, thanks.

    • Bunswalla

      And you know they’ll never reoffend – how?

      • Bruno 32

        common sense and some intuition.

    • Tristanb

      David Bain will (probably) never reoffend either.

      I can’t commit a crime then escape from all punishment because “I’ll never do it again your Honor”.

      She should serve her sentence for drunk driving, and then never do it again.

  • Andy

    He’s probably having a “softest sentence” race with Judge Neave
    (Just what the public don’t need)

    How hard is it to do their jobs properly ?

    • http://www.whaleoil.co.nz Whaleoil

      It’s a woman

  • Grizz30

    Who is it? At a guess I would say it is a Gisborne local. So all you have to do is look up the sporting Alumni from Gisborne Girls High school and look for someone who has excelled in a non mainstream sport that requires a lot of foreign travel. My guess is that it is a surfer. However this is just a guess.

    • Callum

      Don’t think there are many top female surfers in Gisborne at the moment, would probably be considered reasonably mainstream these days too. My guess was Waka Ama.

  • Brian of Mt Wellington

    It sounds like this judge has either lost his marbles or he is just a total fuckwit. Justice should be equal for all. You could almost say it sounds like this judge is corrupt and on the take. What other explanation could it be.

  • TeacherUnionsRscum

    Heads up guys, if you want to see what the comments that have been edited say just refresh the browser and hit stop just as discuss loads the text, but before it completes the loading. Easy peasy

    • Pissedoffyouth

      Sssshhhh, this is well known

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