Name Suppression

Name suppression for a charity now

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Check this out.

Ronald McDonald House chief executive Lesley Slieker said volunteer groups had complained at the beginning of the year that there was no tinned fruit for baking, so the charity was forced to go out and buy new supplies.

She was horrified when someone they knew was arrested and charged with the theft of $478.33 of groceries intended for the families. Read more »

Why name suppression should only protect victims

It’s nice to see it done right for a change

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Photo.  Name.  label.

A jury took just three hours yesterday to find King guilty of eight charges of sexual offending against four female patients in the back of ambulances between 2010 and July last year.

Their verdicts were the culmination of an eight-day trial in Napier District Court.

King, 48, was employed by St John in 2009 and resigned after being suspended in August last year. Read more »

Another discharge without conviction for sexual assault

The parallels to NZ’s “Rolf Harris” are many.  Did something wrong.  On the scale of sexual assaults, it was at the softer end.  Pleads guilty.  Gets discharge without conviction.  But that’s there the parallels end.

A former Blenheim priest has been discharged without conviction on a charge of indecent assault.

Former St Mary’s parish priest father Alastair Aidan Kay, 71, appeared in the Blenheim District Court this morning for sentencing on the charge against a male over 16, which he admitted in September.

His lawyer, Rob Harrison, argued the offending had been at the lower end of the scale, despite being a “gross breach of trust”.

Judge Bruce Davidson said by the narrowist of margins he was satisfied the consequences of a conviction would outweigh the gravity of the offending.
“This is a fairly low level indecent assault in itself, but of course is made worse by the substantial breach of trust not only to the complainant himself, but also his family and the wider church community,” he said.

The discharge was on the basis that Kay was to pay $1500 in emotional harm reparations to the victim, with an immediate payment of $1000 to be made, and the balance to be paid by December 12. Read more »

“NZ’s Rolf” media name suppression battle continues

Oh dear.  We have the “prominent New Zealander” in the the NZ Herald a few days ago saying it was “just” 20 seconds of madness.  It wasn’t him.  Not the real him.  He’s never done it before, and he never did it again.

His wife nearly left him.  He’s lost work.  His children treat him like a criminal.

All over 20 seconds of madness?

“Rolf Harris”‘s victim, Louise Hemsley, using Fairfax instead of the NZ Herald strikes back with an uncomfortable level of detail:

10675373He grabbed her from behind, put his hands on her chest and placed her hand on his groin, she said.

She tried to fend him off.

‘‘As I walked into the kitchen he followed me in from behind … I said ‘what the hell do you think you’re doing?’ He said ‘I just think you’re so lovely, I’ve thought about you so much and I’ve been dreaming about this.’

‘‘I said ‘you crazy man’, I tried to push him back. You’re married and I’m married and just, you know, just stop it, don’t be so stupid. ‘‘Because he’s much taller than I am and being so short he was able to sort of overpower me. He pushed my head back and he was putting his tongue down my throat, I was trying to push him off and talk to him, just talk him out of it, telling him to get his paws off me.

‘‘During the process he put his hand down the back of my pants inside my clothing, he rubbed his hand across my chest and just kept kissing me. It was just octopus-like … and all the time he’s trying to stick his tongue down my throat.

To have a “prominent New Zealander” in your kitchen is quite amazing.  Especially when he’s there because he’s supposedly there for your husband.  But, the aura of his prominence, his size, the whole mystique… it would be intimidating without the sexual assault.   Read more »

NZ’s Rolf Harris, in a defiant interview with the Herald on Sunday, says he has no remorse

No remorse.  He’s admitted to doing it.  He just pretends it was consensual.

The Herald on Sunday allows NZ’s Rolf Harris to put forward his story, even though none of us are allowed to know who he is.

The man told the Herald on Sunday he had apologised to his wife and their children. “This has almost destroyed my marriage. My daughter and son don’t really talk to me.

They think I am a crim.”

Well there you go then Rolf.  The people who are closest to you and love you can see you are a crim.  You seem to be the only one in total denial.

Physically it had taken a toll on his health. “I’m on pills for high blood pressure. I could hardly lift my arm at one stage. I put on 10kg in six months,” he said.

And fighting the case had also left the family with “huge financial issues”, adding “half my life savings” had been spent.

Despite name suppression, many people were aware of his identity and he was struggling to get work.

“I just actually lost out on a job – I was working for this company but there was a piece about this woman’s husband screaming abuse at me. One of the shareholders of the company who lives in Dunedin said, ‘I can’t employ you’,” he said.

In recent times he said he had resorted to applying for “menial jobs”.

He had also had “rapist” spray-painted on a wall outside his home.

The man blamed the massive life upheaval, for himself and his family, on “20 seconds of madness”.

“It was the moment of madness … I don’t know what came over me,” he said.

Well.  Actually Rolf, what came over you was exactly the same as what came over you all the previous times with women who have not laid complaints.   It’s as simple as that.   Read more »

Bollocks

Another abuse of the name suppression law

The Solicitor-General is considering appealing the name suppression granted to an Auckland businessman convicted for trading in what a judge described as “gross and objectionable” child-abuse images.

The man, known in court as Q, admitted his guilt in June, was denied suppression, and began serving 10 months’ home detention away from his family.

But the battle over his identity continued until earlier this month when he was granted permanent name suppression by the High Court.

Q persuaded Justice Susan Thomas to grant suppression by citing medical evidence to suggest his wife was at risk of dying from a stress-related heart condition if he were named.

The Sensible Sentencing Trust and advocacy group Stop Demand have both written to the Solicitor-General urging him to consider an appeal. A spokesman for the Solicitor-General’s office confirmed the matter was still under consideration and no decision date had been set.

An experienced criminal lawyer told the Sunday Star-Times the decision was a “precedent-setter”.

“Every offender with a mum with a dicky heart will be citing this decision from now on.”

Not just that.  Family might develop depression.  Might end up suicidal.  Neighbours might live in fear.  And so on.  If people’s names can’t be known because they are such a threat to public health, you can justify any kind of name suppression.   Read more »

Another “Rolf Harris” is hiding behind name suppression while his victims want sunlight

First, the story

Two Christchurch women sexually abused as young girls have won a battle to have their own name suppression lifted.

They did it so they could expose their abuser and hoped it would be a test case, but it is a hollow victory because his identity is still protected.

Twenty years after the man who sexually abused Karen Beaumont and Anne-Marie Forsyth was convicted, they are still fighting for justice.

Their bid for all name suppression to be lifted was heard a fortnight ago in the Christchurch District Court.

Today the judge removed the sisters’ name suppression, but not his.

“That’s gutting, absolutely gutting,” says Ms Beaumont.

By law their attacker still gets name suppression by virtue of the fact that identifying him might identify them, even though as of 5pm today they were legally allowed to go public.

“They are hoping to be a test case, to make it easier for others, but what it seems to be proving is just how difficult it is and will continue to be unless there’s some changes to the law,” says lawyer Nikki Pender.

They will now seek judicial review of his suppression order, meaning more court hearings, more stress and more money.

The amazing issue here is that the court really wants to help, but it clearly has its hands tied.  Ergo:  The law needs changing:

Read more »

Teachers Council still erring on the side of secrecy

A scumbag teacher was sentenced to a 3 year fail term today.  I decided to check if he was deregistered.

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A little more searching found the PDF of the decision to deregister him about 6 weeks ago.

Compare that to the wealth of information available from the media

via Stuff

via Stuff

The victims were nine girls aged between eight and 12.

Harter was a part-time drama and music teacher at Havelock North Primary School from October 2012 until June this year.

He was teaching music, mathematics and drama from his home until his arrest after two of his victims informed their parents of his offending in late July.

Crown lawyer Rebecca Guthrie said Harter’s offending was “repetitive and predatory” against nine vulnerable victims and the lasting effects may not be known for some time.

Harter’s lawyer Tony Snell said Harter accepted he would get a prison sentence.

Snell said Harter was a “high achiever” who had suffered depression his whole life.

He had been deeply affected by the death of his ex-wife in the Carterton hot ballon tragedy in 2012.

That’s right.  The explanation for him fiddling with young girls’ breasts and bottoms is because he lost his wife.

Read more »

Victim of “New Zealand’s Rolf Harris” is not giving up

Name suppression for the “high profile New Zealander” that gave David Cunliffe a bottle of wine and published a photo of themselves on his Facebook page is still in place.  The victim has been, and continues to fight for suppression to be lifted.

The offence took place in Louise Hemsley’s home in November 2011.

“It’s like an invasion isn’t it, it’s an invasion of your privacy, he invaded my space and took advantage,’’ Hemsley told TVNZ.

The man responsible was ‘‘a person I suppose you would look up to; he’s had a brilliant career’’.

The man was originally charged with indecent assault, but it was downgraded to indecent act, a charge he agreed to plead guilty to.

He was convicted and ordered to pay compensation, but immediately lodged an appeal, eventually winning a discharge without conviction and final name suppression.

It is this slimy process that has him more or less “unknown” to the public, but in reality the whispers have gone around the country enough times now for most people to be aware of the offender’s identity.   Read more »

Back in the real world…

…where people who shoot photos in public places of clothed women’s torsos are named, shamed and have their picture in the paper, we now have another travesty of name suppression

A man who admitted having and sharing child pornography has won permanent name suppression in the High Court, because his wife has a heart condition.

In June, the man was sentenced in the Auckland District Court to 10 months’ home detention for exporting objectionable material and possessing pictures, many of which showed men raping children.

When the court refused to grant name suppression the man’s lawyer appealed, saying his client’s wife had a heart condition and her heart could stop under stress if he is named.

Far be it from me to say what could or could not happen.  But I would imagine that his wife’s heart condition is already pretty much stressed by her husband being a child pornographer and having a six year old daughter living in the house with them.   Read more »