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A man accused of attacking diners at several restaurants on the North Shore with an axe has been denied bail and will keep his name secret until at least next month.
The 24-year-old man was arrested after the alleged attack in Corinthian Dr in Auckland’s Albany on Monday evening in an incident that terrified diners, workers and restaurateurs and sent shockwaves through the community.
His case was called in the North Shore District Court on Tuesday where he was charged with wounding with intent to cause grievous bodily harm, carrying a maximum penalty of 14 years in prison. Police have not ruled out further charges.
He first appeared before Community Magistrate Rosemary Fitzpatrick in the North Shore District Court at about noon, assisted by a Mandarin interpreter and represented by Auckland barrister Michael Kan.
Kan sought interim suppression of his client’s name and identifying details, such as occupation and address.
Fitzpatrick granted the application and then went further by suppressing the identity of any witnesses to the incident.
Police arrested one person at the scene of the attack. Photo / Hayden Woodward
The matter was then stood down before any bail arguments could be heard or future dates set, for reasons that also cannot be reported because Fitzpatrick further suppressed most of the evidence and submissions heard in court that day.
When the case was called again several hours later, in the defendant’s absence, Fitzpatrick heard submissions from media who were seeking a variation to the order allowing them to name witnesses to the attack who reporters had already interviewed.
Making submissions in court, the Herald sought a variation to the unusual sweeping suppression orders to permit the witnesses who had agreed to be interviewed to have their names published with their accounts of what they saw.
The Herald did not seek any variation to the existing order for interim name suppression of the defendant, stating it was clear the man had an arguable case for name suppression at the early stage of the proceedings when the threshold is much lower than at later court appearances.
The Herald argued it would be highly unusual to be barred from publishing the names and accounts of witnesses to a major news event in which there is a high level of public interest.
Members of the public help one of the victims injured in the alleged attack on Monday. Photo / Supplied
Reporters from other news media organisations advanced similar arguments, saying they should be allowed to broadcast television or radio reports of interviews with witnesses.
The media submissions had the support of Kan.
He said fair and accurate reporting of witness accounts with their names would quell undue speculation in the community.
“From what I have seen from the news media so far, it doesn’t appear that the news media has crossed the line,” the defence lawyer said.
“In my submission, the core issue here is trying to stop the community from speculating. The media still has a job to ensure there’s open justice.”
The Community Magistrate, however, was not swayed and maintained the sweeping suppression orders covering the identities of witnesses as well as the defendant, and of other matters raised in court.
Fitzpatrick said she was granting the broad suppression orders to protect the fair trial rights of the accused and the integrity of both the prosecution’s and defence’s cases ahead of trial.
The case was stood down again, for reasons that cannot be reported, before it was called for a third time at the end of the day’s court list.
A police officer at the scene of the attack in Albany, Auckland, on Tuesday morning. Photo / Jason Oxenham
When he was called back into the dock, Kan sought bail to a location that cannot be disclosed because of the suppression orders.
Fitzpatrick declined the bail application and remanded the man in custody ahead of his next appearance before a judge in the Auckland District Court on July 11 at 10.30am.
The young man limped as he walked into the dock from the cells once again, flanked by security guards.
Fitzpatrick also declined applications by a range of broadcast and print media outlets to film and photograph the defendant in court.
Community Magistrates are part-time judicial officers who generally hear less serious cases. They can sentence offenders who plead guilty to an offence punishable by up to three months in prison.
Isolated incident - police
Police earlier said initial inquiries suggested the man was acting alone.
“Police would like to reassure the public that initial inquiries suggest that this is an isolated incident and we can confirm we are not seeking anyone further in relation to this incident,” said a spokesperson.
Police would be present in the area this morning as a wider scene examination was conducted.
Inquiries into the incident remain ongoing and police would like to hear from anyone who witnessed the incident, said a spokesperson.
Police at the scene on Monday night. Photo / Hayden Woodward
St John said it was called to the incident at 9.04pm. Two ambulances and a rapid response unit went to the scene.
“We assessed and treated three patients - one in a serious condition transported to Auckland [City] Hospital and one in a serious condition and one in a moderate condition transported to North Shore Hospital.”
