An internet site has revealed the name of an All Black who admitted assaulting his pregnant wife.
Judge Philip Recordon granted permanent name suppression to the All Black, and discharged him without conviction in the Waitakere Family Violence Court last week. But the judge was yesterday unapologetic about his name suppression call.
"I made a decision and I stick by it," said Judge Recordon, declining to comment further.
The former head of the Auckland Council of Civil Liberties is not new to controversy, having been accused of sending the wrong message when he let Tuvaluan overstayer and kidney patient Senee Niusila walk free on charges of assault and threatening to kill his wife. The judge described the All Black case as a technical assault at the lower end of the scale. The incident happened in October when the player's wife left the house late at night after an argument.
He tried to bring her back and a struggle followed, but it does not appear he struck her.
Police, who supported counselling over a conviction, did not support name suppression. Legal experts supported Judge Recordon, despite acknowledging that name suppression in such a case was "extraordinary". "I don't think that the talkback or the media should be criticising the judge in the way he is being criticised," said Philip Morgan, QC, convener of the New Zealand Law Society's criminal law committee.
Name suppression was not a matter of right and nor was fame or wealth grounds for granting it, said Mr Morgan.
Neil Billington, judicial communications adviser, said any suggestion the order was made solely on the basis of the All Black's standing should be dismissed by the judge's sentencing notes, which state: "Your rugby career is not in my view a major concern. You take your chances when you break the law. It is what happens to you and your family, but especially your family, that supports my view that there should be non-publication."
A British website revealed the name of the All Black after the charges were first heard.
- HERALD ON SUNDAY
Assault All Black's name revealed on net
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