Man accused of burning down storage unit named

Smoke billowing from the Kiwi Storage facility as firefighters struggle to control the blaze. Photo / Mark Mitchell

A man accused of burning down a storage unit and causing $3m in damage has lost a bid to keep his identity secret.

Angelo Dominic Bitossi is on trial in the Wellington High Court on a charge of arson.

Police alleged he torched a storage building in Kilbirnie in April 2014.

Bitossi earlier asked Justice Simon France for name suppression. He said the publication of his unusual surname would probably endanger the safety of his partner and family, as well as his own safety.

On November 28, Justice France dismissed Bitossi's application for continued name suppression. But after Bitossi's lawyer Douglas Ewen indicated an appeal was possible, Justice France allowed interim name suppression.

That interim suppression would last until the Court of Appeal determined an appeal or reached a verdict, whichever came first.

"Given the public interest in the case and its public importance, we granted an urgent fixture to hear the appeal this morning," the Court of Appeal said in a judgement released today. "When the appeal was called Mr Ewen sought an adjournment, which we declined."

In support of Bitossi's appeal, Mr Ewen said given the large number of people the fire affected, it was likely one or more of the victims would seek revenge. The defence also provided a text message from a friend indicating Bitossi was in danger.

The Court of Appeal said it was satisfied Justice France was right to ask for an "evidential basis for proof" of likely harm to Bitossi.

"In this case the only evidence was, as we have noted, from an associate of Mr Bitossi who knows his identity in any event. There was no evidence, as [Crown prosecutor Sally Carter] emphasised, of threats or danger from any member of the public since the texts were sent in April 2014."

Mr Ewen applied for another interim suppression order until 5pm today to let Bitossi apply to the Supreme Court for an order granting leave to appeal.

The Court of Appeal dismissed this request, saying it was not in the public interest. "We are not satisfied that we should exercise our discretion in Mr Bitossi's favour. As will be plain from our substantive judgment, we regard his appeal as unmeritorious and without substance."

The blaze broke out at the Kiwi Self Storage units in Rongotai Rd, near Wellington Airport, around 12.45am on April 4. About 80 firefighters were needed to put out the fire, which the Fire Service described as the biggest in the capital "for a long time."