A judge has labelled a police request not to name a female officer who was attacked at an out-of-control party in Tauranga as "tenuous at best".
Judge Christopher Harding said the policewoman, who suffered a fractured skull, shoulder and nose when officers tried to quell violence at the party on January 7, had little right to name suppression under the law.
The judge made the comment when the man accused of attacking the policewoman made a second appearance in the Tauranga District Court yesterday. The 27-year-old man was released on bail after entering no plea to one charge of assault and a new charge of wounding with intent to cause grievous bodily harm.
He is alleged to have thrown a wheel rim at the policewoman, who was released from hospital on Saturday but has not returned to work.
Police have argued that suppression of her name is necessary on the grounds of her state of health, ongoing treatment and privacy.
Judge Harding granted requests yesterday for continued suppression of her name and that of her alleged attacker but indicated the grounds for both requests were insufficient.
"They are tenuous at best," he said.
Judge Harding said the policewoman was unlikely to have a permanent right to privacy because she was a public servant, referring to High Court and Court of Appeal decisions to allow naming of the policeman who fatally shot Steven Wallace at Waitara in 2001.
He said the interim suppression orders would expire without full and formal arguments by police and the defendant's lawyer at the defendant's next appearance on February 9.
The man's lawyer, Paul Mabey, QC, had argued for suppression for his client on the basis that several wheel rims were thrown at the party.
"It's a question of who threw the one that caused the damage," he said.
The public gallery, which was packed with members of the defendant's family, erupted with applause when he was granted bail.
Police had opposed his release because of the seriousness of the charges, but the judge said their argument was insufficient now that the investigation was complete.
Bail was granted with conditions, including that the defendant have no contact with the policewoman, no alcohol and a curfew.
He emerged from the court limping and flanked by family members who helped him walk. The remnants of a black eye he had at his first appearance on January 9 were still visible.
One of the man's brothers reacted with rage when he saw television cameras and press photographers, yelling abuse and spraying a can of deodorant at their lenses.
The family and partygoers have alleged that police used excessive force at the party and have filed a complaint with the Police Complaints Authority.
Tauranga area commander Inspector Murray Lewis said the policewoman, who spent several days in intensive care for her injuries, was recovering but would not return to work for some time.
Judge wary of name suppression for policewoman
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