By Scott MacLeod
The lawyer for the drug-smuggling American billionaire claims that overseas charities will suffer if his name is published here.
Marie Dyhrberg, opposing the Herald's bid to reveal the man's identity, told the Otahuhu District Court yesterday that he had given big money to charities that would be hurt if his "criminality" was widely known.
She also said the Herald should have fought the suppression order when the case was originally in court.
Ms Dyhrberg's submission revealed that the billionaire smoked dope for pain relief on the advice of his doctor after having part of his body amputated.
But lawyers fighting for the newspaper argued that there was never a strong case to keep the name secret.
In a submission to Judge David Harvey, who suppressed the name on January 7, the Herald's lawyers said reasons given by the defence for suppression did not, "in terms of established principles, support the granting of an order."
In any case, they said, those circumstances had since changed and it was no longer appropriate to keep the name suppressed.
The arguments were heard in front of a television camera in a small, stuffy courtroom. Ten media representatives heard the lawyers wrangle. The battle centred on whether the court had the power to quash the name suppression as well as the pros and cons of doing so.
Herald lawyer Alan Ringwood was the first to speak. He said the newspaper launched its battle to publish the name on the same day the case was in court - January 7 - and stated that the paper had the right to fight the suppression order.
There was no longer any reason to keep the man's identity secret because his name had been published in US newspapers with a total circulation of 2.5 million and could easily be found on the Internet.
Mr Ringwood said key principles were at stake - the openness of our courts, equality before the law, the media's right to report, and freedom of speech.
"This man committed what is a serious crime and could have been jailed for 14 years. That is a legitimate matter for media and public interest, yet it is New Zealanders who cannot be told.
"There should be no restriction on publication except in very special circumstances."
Herald reporter Josie Clarke, who reported the original story, was called to give evidence yesterday. She told the court she was assigned to cover the case at 5 pm on the day before it happened. A chief reporter told her the man's surname, that he was appearing on drug charges and that he had some connection with the America's Cup.
Court staff told her the man's name did not appear on their lists.
But Ms Dyhrberg said the Herald should have tried to find out more about the man before he appeared in court so that it would have been ready to oppose name suppression at the hearing of January 7.
She said reporters who wanted to print a defendant's name should stand up in court and ask judges to defer the case.
Ms Dyhrberg said the man's name should stay secret because media coverage overseas had been short and limited. An icon of a rich man running with a cigar (accompanying Herald coverage of the case) cast doubt on the seriousness with which the paper treated the story.
She said the Herald took the stance that all people should be treated the same way, yet chose not to print the name of a person who appeared in court the same day as the billionaire. One implication of allowing the man's identity to be published was that the Internet could undermine name suppression given in our courts.
Judge Harvey replied: "That's what I say - we have to revisit many of our preconceptions. The fundamental reason for the suppression order - to protect the organisations with which he is associated - that's gone."
Crown lawyer Mark Woolford questioned whether the district court had the power to overturn suppression orders. He said the issue should be dealt with by a judicial review in the High Court.
The hearing finished at 1 pm. Judge Harvey reserved his decision. He did not give a date for his ruling but said he would be as quick as possible.
Vital question thrashed out by lawyers
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