NOTE: PUBLICATION OF THE APPELLANT WITNESSES' NAMES OR ADDRESSES OR IDENTIFYING PARTICULARS PROHIBITED
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2013-404-000317 [2013] NZHC 3085
BETWEEN THE QUEEN Appellant
ANDMATTHEW ROSS RATU, CRUZ SUNNY KIPA FRUEAN, PATRICK WARU, EDWARD HAYES AND SHANE NEVILLE BARLOW
Respondents
Hearing: 15 November 2013
Appearances: G R Kayes for Appellant
P Hamlin on instructions from M Dyhrberg for Respondent
Ratu
R Mansfield for Respondent Fruean
A Ives for Respondent Waru
J B Wickliffe for Respondent Hayes and on instructions from
A MacMillan for Respondent Barlow
Judgment: 21 November 2013
JUDGMENT OF VENNING J
This judgment was delivered by me on 21 November 2013 at 3.30 pm, pursuant to Rule 11.5 of the
High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: Crown Solicitor, Auckland
Public Defence Service, Auckland
Copy to: M Dyhrberg, Auckland
P Hamlin, Auckland
R Mansfield, Auckland
A Ives, Auckland
A MacMillan, Auckland
R v RATU & Ors [2013] NZHC 3085 [21 November 2013]
Introduction
[1] The defendants in this case face a variety of charges arising out of a riot that
took place at Springhill Prison on 1 June 2013, Queen’s Birthday weekend.
[2] The Crown proposes to call a number of prison officers who were involved in or witnessed the riot to prove the charges. The officers sought interim name suppression to trial. In a ruling delivered on 21 October 2013 Judge E P Paul in the District Court at Auckland declined to prohibit publication of the officers’ names but did prohibit publication of their addresses and occupations.
[3] Of the 29 witnesses who initially sought suppression, 15 seek to appeal the decision refusing name suppression. Two others were not able to be contacted. The appeal is pursued on behalf of those 17 witnesses.
[4] The defendants Ratu, Fruean and Waru oppose the appeal. The defendants
Hayes and Barlow abide.
The District Court decision
[5] In dismissing the application for name suppression the District Court Judge referred to the fear expressed by the witnesses for themselves and their families and considered that it was:1
... not increased to an undue fear by publication as their names are already known to those who would have an interest in intimidation or getting others to act on their behalf.
[6] In support of that conclusion the Judge noted there was no evidence to suggest there had been any threats or actual intimidation levelled against the officers or their wider families since the incident.
[7] Next, the Judge held that, apart from an expression of fear by the witnesses and a general expression of how gangs may behave towards witnesses, there was
nothing more to suggest that that hardship, if there was any, had been elevated to
1 R v Freuan & Ors DC Auckland CRI-2013-004-009350, CRI-2013-004-009348, CRI-2013-004-
009351, CRI-2013-004-009364, CRI-2013-004-009371, 21 October 2013 at [20].
undue or that the safety of any person, whether it be the witnesses or their families, had been established. He concluded:
[23] In short, my assessment is, given the…
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CaseChat Overview and Summary
The legal issues in this case involved the discretionary power of the court to grant name suppression and the criteria for determining when publication would cause undue hardship. The court had to consider the potential for harassment and undue hardship against the principle of open justice and the public's right to know. The High Court found that the District Court had erred by not properly considering the evidence of the appellants' fear of harassment and the impact of publication on their work and safety. The High Court concluded that the appellants were likely to suffer undue hardship if their names were published, warranting suppression until trial. The trial judge would later decide whether suppression should continue after the trial.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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