Accused in rape of 13-year-old keeps name secret

A man accused of raping a 13-year-old girl in Auckland at the weekend has had name suppression continued while his lawyer appeals to the High Court.

The man is charged with abducting, drugging and raping the 13-year-old in Waterview on Sunday.

He was also charged with intent to facilitate sexual violation through stupefying the girl by rendering her incapable of resistance, by forcing her to smoke cannabis.

At the 34-year-old drain layer's second appearance in court today, Judge Josephine Bouchier said name suppression should lapse, but the accused's lawyer Mele Tuilotolava appealed that to the High Court.

His name will therefore stay secret until the appeal is heard. The High Court will make a decision by Friday at the latest.

Ms Tuilotolava told the court: "We're at the beginning of a long road to the end of this case. The charges are indictably laid so there will be a jury trial.

"This case has attracted a lot of media attention and releasing his name may jeopardise a fair trial."

"He has family who are obviously not going to be unaffected by the publication of his image and name.

"The most significant legal concept is the presumption of innocence. He's not yet been convicted of anything.

"This is going to affect his personal life dramatically until he has his day in court," Ms Tuilotolava said.

A Samoan interpreter translated the case for the accused. Judge Bouchier lifted the ban on photographic media coverage, as she believed there was sufficient time for his family to be advised.

Judge Bouchier refused the bail application and the man was remanded in custody until his next appearance for a pre-depositions hearing on May 27. He has not yet entered a plea.

The girl was allegedly attacked in the Point Chevalier-Waterview area of Auckland on Sunday, after she was followed from the shops for about a kilometre to a BP station on Great North Rd in Waterview.

After the man stopped in the service station where he bought some items, the girl was taken back along Great North Rd and police have alleged she was dragged into the Oakley Creek Walkway and raped.

- with NZPA