Porn-case coach named

An Auckland badminton coach who downloaded pornographic images of children was refused permanent name suppression because a judge said parents had the right to know what he had been up to.

Nicholas Patrick Marks, of Pakuranga, appeared in the Manukau District Court yesterday for sentencing on 22 charges of importing objectionable material. The 38-year-old had admitted the charges but wanted permanent name suppression.

Judge David Harvey said Marks had wanted name suppression because he worked as a badminton coach and publication would jeopardise his career.

However, he said that was the very reason why Marks should not be allowed name suppression, given his crime involved children.

"I believe those who are going to deal with you should know, and have the opportunity of knowing, what you have been involved in."

Judge Harvey said he was disturbed that part of Marks' computer hard drive was encrypted and could not be accessed.

He said Marks had claimed he had forgotten the password to the encrypted area despite evidence he had used it shortly before a search warrant was executed.

Judge Harvey said the objectionable material was low-level pornography but it involved pre-pubescent girls who had all been exploited for sexual purposes.

Marks was sprung as part of a United States undercover investigation into a business which was a clearing house for people paying by credit card for internet access to child pornography channelled through servers in Europe.

Judge Harvey convicted and fined Marks $300, imposed $130 court costs on each charge, and 18 months' supervision and counselling. Another of the men accused in Operation Tercel recently pleaded guilty to importing child porn images.

Alan Derek Marsden, 42, a workman of Mt Wellington, admitted 13 charges and was fined a total of $5850 plus court costs of $130 and solicitors fees of $200.

A North Shore company director has also pleaded guilty to 38 charges of importing child porn over the internet.

He is fighting for permanent name suppression.

He was fined $5700 and ordered to pay court costs of $500 when he appeared in court on July 29.