Swanson death: Name suppression lifts for murder defendant James Yates, nephew of deceased

Police in Swanson attend the scene where David Keith Yates, 65, was found dead in November. Nephew James Yates was charged with murder. Photo / Hayden Woodward

The man accused of killing 65-year-old David Keith Yates in West Auckland last year can now be identified as Yates' nephew.

Justice Geoffrey Venning declined an application for continued name suppression this afternoon for James Robert Yates, 32, following a hearing in the High Court at Auckland.

After the elder Yates was found dead at his Swanson home on the morning of November 13, James Yates was charged with murder and was taken to a lockdown psychiatric facility.

In March, the defendant pleaded not guilty by reason of insanity. But during the same hearing, he was also found fit to stand trial next year.

During today's hearing, defence lawyer Nicholas Wintour argued that publication of his client's name would cause anxiety resulting in extreme hardship. It would also create hardship for the defendant's parents, he suggested.

The Crown opposed continued name suppression.

Justice Venning said the threshold for continued suppression - a real and substantial risk of extreme hardship or prejudice to trial - had not been met.

Police said shortly after David Yates' death that he and the defendant were known to each other. However, the media have been unable to report the pair's familial relationship until now due to the previous suppression order.