Police have raided a North Auckland home and arrested a pair who had tried to leave the country nearly four months after an unidentified woman’s body was found floating close to shore wrapped in plastic bags.
The man and woman, both aged 36, are accused of “offering an indignity” to the woman’s body four days before she was found.
They are not charged with killing the woman and will keep their names secret for now after their lawyer indicated she would appeal a judge’s decision today to decline ongoing name suppression.
Mystery still surrounds much of the case, including the identity of the small East Asian woman whose body was recovered by a fisherman on March 12 in Gulf Harbour.
The saga took a strange twist on Monday, when police managed to gain a court order suppressing their own announcementof breakthroughs in the homicide investigation.
That led Judge Ajit Swaran Singh to issue take-down orders forcing media outlets to scramble to kill already-published online stories about the developments in the inquiry, and leaving readers who had seen the story scratching their heads at their disappearance.
Today, the sweeping secrecy order has ended after police abandoned their application for continuing a wide-ranging suppression order following what a prosecutor described in court as a “miscommunication” within the force.
Early on Monday afternoon, they issued a release to all media saying they had arrested a man and a woman in connection with the Gulf Harbour case after they were flagged attempting to leave the country on Sunday evening.
They were charged with interfering with human remains by offering an indignity to a body and appeared in the North Shore District Court on Monday, where they pleaded not guilty and elected trial by jury.
Court documents say they interfered with the body on March 8 in Ōrewa, four days before the woman was found in Gulf Harbour, a 20-minute drive away.
The charge they jointly face carries a maximum penalty of two years in prison.
Police say they are not ruling out further arrests or charges. No one has been charged with killing the woman as yet.
The pair were granted interim name suppression and assisted by a Mandarin interpreter in court.
Their lawyer Michael Kan said at least one of the pair still had parents in China they needed to inform.
As they appeared in court on Monday, police and forensic staff were searching a home in Ōrewa’s Harvest Ave.
A neighbour told the Herald on Monday they saw people matching the description of the pair who appeared in court led away in handcuffs from the home.
Court documents list the address of the arrested pair as a home in Royal Oak, south of the CBD, not the property in Ōrewa towards the city’s northern border, owned by an Auckland real estate agent.
Officers and forensic specialists have remained at the Ōrewa property throughout the week searching the home and grounds.
Neighbours said the occupants of the home had very much kept to themselves but they had seen them in the garden and on the lawn wearing face masks. They appeared to be keen gardeners, one neighbour said.
At court on Monday, prosecutor Henry Steele told Judge Swaran Singh he was under instructions to seek suppression of the details released by police.
There had been a miscommunication within the police leading to the press release with details of the arrests being issued, the prosecutor said.
On Wednesday, Steele filed a minute with the North Shore District Court saying police were not seeking to continue the sweeping suppression order extending far beyond the names of the pair, saying there was little use in continuing the order.
It had covered the circumstances of the pair being flagged at the border trying to leave the country then interviewed and arrested, and the connection of their arrests to the investigation dubbed, Operation Parade, the case of the unidentified woman found in the harbour in March.
Police have apologised to the court and the media for the confusion following the botched announcement and unusual suppression order that followed.
At a hearing on Thursday, barrister Daniel Nilsson, representing the Herald, Stuff and Newshub, opposed the continuation of the sweeping suppression order, including the suppression of the names of the pair.
Judge Anna Fitzgibbon did not continue the order, and again allowed the media to report the details of the arrest and prosecution of the pair.
Judge Fitzgibbon also declined their lawyer Angela Roebeck’s application for continuing name suppression for the pair. Roebeck said she had instructions to file an appeal, so they still cannot be named.
The pair were remanded on bail until their next appearance in the same court on September 17, with conditions including a curfew and an order not to contact any witnesses in the case.
Body still unclaimed
Since she was found and recovered from the water, the woman’s remains have been held at the Auckland city mortuary in Grafton, in the care of the coroner.
On the morning of March 12, fisherman Paul Middleton was angling at Gulf Harbour and snagged a large plastic bag floating just offshore.
After ripping through several layers of plastic, he initially thought the bag contained meat before he saw a human hand sticking out and called police, he told media on the shore.
Despite dozens of calls to a dedicated phone line set up by the investigation team, police say the woman is unclaimed and unidentified.
Police are treating the case as a homicide.
Acting Detective Inspector Tim Williams, of Waitematā CIB, earlier said police were liaising with overseas counterparts along with Interpol and his investigation team is continuing with extensive inquiries.
Williams did not name the overseas counterparts but thanked everyone who had come forward with information so far.
In April, the Herald revealed police have completed and issued an Interpol “black notice”, a special appeal seeking information on unidentified bodies, to their international partners.
A couple of weeks after the autopsy, police announced they had obtained a DNA profile of the victim.
But the profile did not match anyone in police records.
Williams said his team had been in touch with Canterbury detectives and had ruled out the victim being missing Christchurch real estate agent Yanfei Bao.
While the Gulf Harbour case is unusual, it is not the first time human remains discovered in Auckland have remained unidentified for an extended period.
The remains spent more than a year in the same mortuary as the Gulf Harbour victim before they were identified as former Mt Roskill man Lino Leger, who went missing in 1987.
Police do not believe his disappearance and death were suspicious.
When the remains were identified in October 2009, Detective Sergeant Roger Small said the identification was the result of a facial reconstruction by Auckland cardiologist Dr Jonathan Christiansen, extensive media attention, the work of a forensic dentist and pathologist, DNA evidence and a “process of elimination and patience”.
Police have set up a dedicated line where people can speak directly to the investigation team via 0800 755 021.
Information can also be provided via the 105 phone service or online at https://www.police.govt.nz/use-105, using Update My Report, referencing file number 240312/9837.
Tips can be supplied anonymously via Crime Stoppers on 0800 555 111.